Mashpee Wampanoag Tribe calls for dismissal of casino lawsuit
Monday, September 24, 2012The Mashpee Wampanoag Tribe of Massachusetts is asking a federal judge to dismiss a lawsuit that challenges H.3702, the state's gaming law.
The tribe is not a party to the lawsuit. But it says the case cannot be resolved without its involvement.
However, the tribe says it can't be joined without its consent due to sovereign immunity. "This case must be dismissed because it cannot proceed 'in equity and good conscience' without the tribe," a motion filed on Friday states, The New Bedford Standard-Times reported.
The lawsuit was filed by K.G. Urban Enterprises, a non-Indian developer, against the state of Massachusetts. The company says reserving a casino for "a federally recognized tribe" is unconstitutional.
The Aquinnah Wampanoag Tribe is also seeking to join the suit. The tribe was locked out of negotiations of the casino.
Another group, Aquinnah/Gay Head Community Association, wants to intervene too.
Get the Story:
Mashpee Wampanoag intervene in New Bedford casino suit (The Cape Cod Times 9/24)
Mashpee tribe joins legal battle over casino license (The New Bedford Standard-Times 9/24)
Related Stories:
State asks court to wait for BIA answer on Wampanoag pact (9/21)
http://64.38.12.138/IndianGaming/2012/025469.asp
Mashpee tribe joins casino lawsuit
Mashpee tribe joins legal battle over casino
Published : Monday, 24 Sep 2012
NEW BEDFORD, MASS. (WPRI) - According to a report by the New Bedford Standard Times the Mashpee Wampanoag tribe is attempting to join the legal battle over a casino license in Southeastern Massachusetts.
The tribe is seeking to become a party in the case brought by KG Urban Enterprises, in an effort to have it dismissed.
KG is challenging Governor Deval Patrick's signing of the "Expanded Gaming Act" claiming it gives preference for a tribe to receive the Southeastern Massachusetts license.
U.S. First District Court Judge Nathaniel Gorton threw out the case in February, but, five months later, a federal appeals court panel of three judges ruled the dismissal was improper and ordered him to reconsider the case.
The New York based firm hopes to build a casino on the New Bedford waterfront.
The tribe is seeking to become a party in the case brought by KG Urban Enterprises, in an effort to have it dismissed.
KG is challenging Governor Deval Patrick's signing of the "Expanded Gaming Act" claiming it gives preference for a tribe to receive the Southeastern Massachusetts license.
U.S. First District Court Judge Nathaniel Gorton threw out the case in February, but, five months later, a federal appeals court panel of three judges ruled the dismissal was improper and ordered him to reconsider the case.
The New York based firm hopes to build a casino on the New Bedford waterfront.
http://www.wpri.com/dpp/news/local_news/se_mass/mashpee-tribe-joins-casino-lawsuit
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