Justia Massachusetts Supreme Court Opinion SummariesArticles Posted in Gaming Law
City of Revere v. Massachusetts Gaming Commission
In 2014, the Massachusetts Gaming Commission awarded a gaming license to Wynn MA, LLC. An unsuccessful applicant for the license (the company), the city that would have hosted the unsuccessful applicant, a labor union, and individual citizens (collectively, Plaintiffs) filed two complaints alleging numerous defects in the Commission’s process for awarding the license. The Commission moved to dismiss both complaints. The superior court allowed the motions on all but one count of one of the complaints, permitting only the company’s claim for certiorari review to survive. The Supreme Court affirmed in part and reversed in part the judge’s allowance of the Commission’s motion to dismiss, holding (1) the motion judge correctly dismissed the company’s claim under Mass. Gen. Laws ch. 30A, 14; (2) the judge correctly found that certiorari review of the licensing decision was available; (3) the city and the union lacked standing to assert their certiorari and declaratory judgment claims; and (4) the individual plaintiffs plausibly stated a claim for relief under the open meeting law. Remanded. View "City of Revere v. Massachusetts Gaming Commission" on Justia Law
Bogertman v. Attorney General
Eugene McCain filed an initiative petition that sought to amend Mass. Gen. Laws ch. 23K to authorize the Gaming Commission to award one additional license for a slot machine parlor. The Attorney General certified the petition. Plaintiffs, ten registered voters and residents of Suffolk County, brought an action against the Attorney General and the Secretary of the Commonwealth, contending that the petition violated tw restrictions set forth in Article 48 of the Amendments to the Massachusetts Constitution, which sets forth certain standards for initiative petitions. The Supreme Judicial Court denied relief, holding that the petition did not violate Article 48’s restrictions and was therefore properly certified by the Attorney General. View "Bogertman v. Attorney General" on Justia Law
Abdow v. Attorney Gen.
Plaintiffs, ten Massachusetts voters, submitted for certification an initiative petition that sought to prohibit casino and slots gambling that had been made legal under the Expanded Gaming Act of 2011 and to abolish parimutuel wagering on simulcast greyhound races. The Attorney General declined to certify the petition for inclusion on the November Statewide election ballot, concluding that it did not meet the requirements set forth in article 48 of the Amendments to the Massachusetts Constitution. Plaintiffs filed a complaint “for relief in the nature of mandamus” seeking an order compelling the Attorney General to certify the petition. The Supreme Judicial Court granted the requested relief, holding that the Attorney General erred in declining the certify the initiative petition, as it satisfied the requirements of article 48. View "Abdow v. Attorney Gen." on Justia Law