A non-Indian developer has dropped its challenge to a tribal provision in the Massachusetts gaming law.
H.3702,
the Massachusetts Expanded Gaming Act, reserves a casino in the southeastern
part of the state for a "federally recognized tribe." K.G. Urban Enterprises claimed the
provision violates the U.S. Constitution because it is "race based."
Judge Nathaniel Gorton rejected the argument and KG Urban took the case to the 1st Circuit Court of
Appeals. However, the company voluntarily withdrew its appeal and said it was focusing on competing for the license before the Massachusetts Gaming Commission.
"Our focus is on winning a license, not litigation," a spokesperson for KG Urban said in a statement, according to news reports.
The commission agreed to accept outside bids due to uncertainties facing the Mashpee Wampanoag
Tribe, whose $500 million First
Light Resort and Casino is still under review at the Bureau of Indian Affairs.
The agency published a draft environmental impact statement for the project but there's no timeline for a final decision.
In addition to KG Urban, the Mashantucket Pequot Tribal
Nation of Connecticut has submitted an application for the southeastern region. The tribe plans a $750 million casino in Fall River.
Get the Story:
KG Urban withdraws appeal of casino lawsuit
(The New Bedford Standard-Times 5/17)
Casino co. drops suit over tribal preference
(The Boston Herald 5/17)
Company ends challenge of tribal casino provision
(AP 5/17)
Foxwoods seeks waterfront property to expand Fall River casino project
(The Fall River Herald News 5/18)
Related Stories:
Editorial: Long shot on non-Indian casino in Massachusetts (1/13)
Judge upholds tribal provision in
Massachusetts casino law (1/10)