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Print | Subscribe Hearing delayed in lawsuit over Massachusetts tribal casino Tuesday, March 19, 2013 Filed Under: Casino Stalker | Litigation More on: 1st circuit, carcieri, land-into-trust, massachusetts, supreme court, wampanoag ? Tweet ?

Rendering of proposed First Light Resort and Casino. Image from Mashpee Wampanoag Tribe. A federal judge delayed a hearing into a lawsuit that challenges a tribal casino preference in Massachusetts. H.3702, the state's gaming law, reserves the casino in southeastern Massachusetts for "a federally recognized tribe." The Mashpee Wampanoag Tribe, which gained federal recognition in May 2007, is pursuing the casino. K.G. Urban Enterprises, a non-Indian developer, claims the tribal set-aside violates the U.S. Constitution based on "race." The company also says the Mashpees won't be able to acquire land for the casino as a result of the U.S. Supreme Court decision in Carcieri v. Salazar. A federal judge dismissed the lawsuit but the 1st Circuit Court of Appeals revived it in a decision last August. The case was remanded to Judge Nathaniel M. Gorton, who agreed to postpone a hearing that was scheduled for tomorrow to April 3, The Cape Cod Times reported. The delay comes as the Massachusetts Gaming Commission considers whether to open southeastern Massachusetts to non-Indian bidders. The panel will meet tomorrow to weigh its next step. Get the Story: Lawsuit hearing on Mashpee tribe's casino exclusive postponed (The Cape Cod Times 3/19) Survey reveals casino trends (The Cape Cod Times 3/19) Gaming Commission to meet Thursday at BCC (The Taunton Daily Gazette 3/19) 1st Circuit Decision: KG Urban Enterprises v. Patrick (August 2, 2012) Related Stories: Mashpee Wampanoag Tribe considers Class III gaming deal (3/18)

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Source: http://www.indianz.com/IndianGaming/2013/026114.asp

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