K.G. Urban Enterprises, a non-Indian developer, is pitching plans for a casino in Massachusetts amid its lawsuit that challenges the tribal provisions in H.3702, the state's gaming law.

The company says it will invest more than $900 million in a casino in New Bedford. But the plan depends on the success of the lawsuit, which argues that the state can't set aside a casino for "a federally recognized tribe."

KG also argues that the Mashpee Wampanoag Tribe can't open a casino due to the U.S. Supreme Court decision in Carcieri v. Salazar. The ruling restricts the land-into-trust process to tribes that were "under federal jurisdiction" as of 1934 -- the Mashpees weren't recognized until May 2007.

"This is not about us fighting to get what we want," Andrew Stern, the company's managing director, said at a meeting, The New Bedford Standard-Times reported. "This is about getting what the community wants and deserves.

The lawsuit is being heard in federal court.

Get the Story:
KG makes casino pitch to New Bedford chamber (The New Bedford Standard-Times 9/20)
Developer says New Bedford casino project would reflect city's character (The Taunton Daily Gazette 9/20)
Aquinnah association moves to defend settlement agreement (The Martha's Vineyard Times 9/19)