The builder of the 510-foot wooden ark, Answers in Genesis, is suing to get back into the tourism incentive program, which could be worth around $18 million.
The group's lawyers argued Wednesday in federal court in Frankfort that the Christian group should not be treated differently for the incentive just because its theme park will have religious themes.
Kentucky tourism officials say the giant wooden ark would be an evangelical tool and shouldn't receive tax dollars. They are asking that the group's lawsuit be dismissed.