Palmer casino developer's suit against Springfield businessman Peter Picknelly tossed out by judge
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on June 03, 2013
SPRINGFIELD – A Hampden Superior Court judge dismissed a suit filed against city businessman Peter Picknelly which alleged he improperly walked away from a partnership in a proposed Palmer casino to join with a competing gaming group working in Springfield.
Judge Bertha D. Josephson ruled that there was little evidence filed that showed there was a formal partnership, joint venture or contract between Picknelly and Northeast Gaming Group Inc. and dismissed the suit in late May.
“I can say she was a very good and thorough judge and she made the exact right decision and wrote it out in a clear fashion,” said Jeffrey E. Poindexter, one of the lawyers with Bulkley, Richardson and Gelinas who represented Picknelly.
The case, filed by Northeast Gaming Group Inc., which owns the land in Palmer where Mohegan Sun hopes to build a casino, alleged Picknelly had invested $500,000 in the Palmer venture in January 2008 and signed an agreement that would give him a return of that investment of 3 percent of the group’s net ventures from the development of the gaming, entertainment and retail complex. The agreement gave him a right to request a refund of his initial investment two years after the agreement.
In November 2011 he also began discussions to open a transportation center on an adjacent piece of the property if the casino opened.
But later Picknelly walked away from the deal and joined Penn National in a partnership and proposed building a casino in the North End of Springfield.
“Northeast is disappointed. We thought we had a good case,” said Stephen E. Spelman, the Springfield lawyer who represented Northeast Gaming Group.
He said there have been no immediate discussions on appealing the decision yet.
“The issue is moot given that Penn was not selected,” Spelman said.
He could not comment on whether that could change if the company proposed opening a casino in another location in the state, saying he only represented the company in the suit.
In April, Mayor Domenic J. Sarno selected MGM Resorts as the preferred casino developer in Springfield over the Penn National project. MGM wants to build a resort in the South End.
He could not comment on whether that could change if the company proposed opening a casino in another location, saying he only represented the company in the suit. Penn National completed an application and submitted a $400,000 fee to the state Gaming Commission to become an accepted developer and, under that, is eligible to propose opening a casino anywhere in the state.
In her decision, Josephson ruled there was no real partnership between Picknelly and Northeast Gaming therefore there was no breech of contract or breech of fiduciary duty as claimed in the suit.
“The agreement imposed no other obligations on Picknelly who invested the $500,000 and made an official request for a refund in 2012,” Josephson ruled.
http://www.masslive.com/news/index.ssf/2013/06/springfield_judge_dismisses_su.html
Picknelly lawsuit dismiss
Updated: Monday, 03 Jun 2013, 5:11 PM EDT
Published : Monday, 03 Jun 2013, 3:18 PM EDT
Published : Monday, 03 Jun 2013, 3:18 PM EDT
SPRINGFIELD, Mass. (WWLP) - First on WWLP.com , Judge Bertha Josephson dismissed two lawsuits filed against Peter Picknelly and Penn National Gaming.
Northeast Gaming in Palmer believed Picknelly was still legally obligated to a $500,000 investment he made with their group in 2007. Northeast Gaming also claimed that Penn National Gaming played a role in Picknelly walking away from his investment in Palmer. Northeast Gaming owns the land Mohegan Sun wants to build on in Palmer.
Picknelly was a 50/50 partner with Penn National Gaming's proposed casino in Springfield. Springfield mayor Domenic Sarno has since selected MGM as the city's partner. In May, Picknelly told 22News that he would not work on another casino project outside of Springfield.
Judge Josephson heard the motion to dismiss the case in Hampden Superior Court on April 17th. She made her decision on Monday.
http://www.wwlp.com/dpp/news/i_team/picknelly-lawsuit-dismissed
Northeast Gaming in Palmer believed Picknelly was still legally obligated to a $500,000 investment he made with their group in 2007. Northeast Gaming also claimed that Penn National Gaming played a role in Picknelly walking away from his investment in Palmer. Northeast Gaming owns the land Mohegan Sun wants to build on in Palmer.
Picknelly was a 50/50 partner with Penn National Gaming's proposed casino in Springfield. Springfield mayor Domenic Sarno has since selected MGM as the city's partner. In May, Picknelly told 22News that he would not work on another casino project outside of Springfield.
Judge Josephson heard the motion to dismiss the case in Hampden Superior Court on April 17th. She made her decision on Monday.
http://www.wwlp.com/dpp/news/i_team/picknelly-lawsuit-dismissed
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