Casino Stalker | Litigation

Judge to hear from parties in Massachusetts gaming law case

Thursday, December 13, 2012

A court hearing on Monday looks to be a busy affair as a federal judge sorts out a gaming dispute in Massachusetts.

K.G. Urban Enterprises, a non-Indian developer, sued the state in order to compete for a casino under H.3702. The company argues that a set-aside for "a federally recognized tribe" violates the U.S. Constitution.

Judge Nathaniel M. Gorton ruled against the company but the 1st Circuit Court of Appeals revived the lawsuit in August. That's when the Mashpee Wampanoag Tribe jumped in and asked for the case to be dismissed.

The Aquinnah Wampanoag Tribe also wants to get into the game. The tribe asserts that it can engage in the same types of gaming that are authorized by H.3702.

The town of Aquinnah filed a motion to intervene, after learning of the tribe's intent to push for a casino. The town says a land claim settlement bars the tribe from opening a casino on its reservation.

The hearing takes place at the federal courthouse in Boston.

Get the Story:
Town of Aquinnah aims to stay free of casinos (The Cape Cod Times 12/13)
Aquinnah would join federal lawsuit to block Island casino bid (The Martha's Vineyard Times 12/12)

1st Circuit Decision:
KG Urban Enterprises v. Patrick (August 2, 2012)

District Court Decision:
KG Urban Enterprises v. Patrick (February 16, 2012)