COLUMBUS (AP) – Penn National Gaming is proposing a $7.25 million settlement with Cherokee County in a dispute over a casino that was never built.

Cherokee County sued Penn National for $53 million in 2008 after the company decided not to build a casino in southeast Kansas. The company cited competition from a resort just south of where it planned to build the casino.

A Shawnee County judge in November accepted the county’s argument that the company backed out after deciding it could make more money elsewhere. Penn National has the state contract for a casino in Kansas City, Kan.