Connecticut | Litigation | Regulation

Mohegan Tribe can sue over denial of casino in Massachusetts

Artist's rendering of Wynn Boston Harbor, a commercial casino under construction in Everett, Massachusetts. Image: Wynn Resorts Holdings

The Mohegan Tribe can pursue a lawsuit for being denied a commercial casino license in Massachusetts, the state's highest court ruled.

Mohegan Sun Massachusetts LLC, a tribal entity, unsuccessfully competed for licenses in two different parts of the state. For the license in the eastern region, the Massachusetts Gaming Commission went with a rival firm.

Mohegan Sun subsequently sued the commission, alleging various defects with the process. The Supreme Judicial Court did not rule on the merits of the claims but said the tribe's entity has a right to be heard.

“Mohegan Sun had a legitimate expectation, backed up by substantial investments of resources in the application process, that the commission would follow the law in awarding the license that Mohegan Sun sought,” the March 10 decision stated.

The license at issue went to Wynn Resorts, a company owned by billionaire Steve Wynn. The firm broke ground on a $2 billion project in Everett, a suburb of Boston, the state's most populous city. The facility is expected to open in June 2019.

The case is City of Revere v. Massachusetts Gaming Commission.

Read More on the Story:
Mohegan’s Long Shot Lawsuit Pays Off (Banker & Tradesman 3/19)
SJC: Mohegan can ask for review of decision (The Boston Herald 3/11)
SJC remands Mohegan Sun suit against gaming commission (The Boston Globe 3/10)
Court says lawsuit challenging Wynn casino decision should proceed (AP 3/10)

Also Today:
Joshua Daniels: Massachusetts SJC Allows for Limited Judicial Review of Gaming Decisions by Unsuccessful License Applicants (JD Supra 3/13)

Massachusetts Supreme Judicial Court Decision:
City of Revere v. Massachusetts Gaming Commission (March 10, 2017)