A lawsuit filed yesterday against the Massachusetts Gaming Commission by the city of Revere and a union for Suffolk Downs workers, accusing the panel of violating state casino law provisions by "unfairly" awarding the Boston area license to Wynn Resorts, creates a slim but viable chance to overturn the decision in court, gaming experts say.
"Typically, you have to find very substantial abuse of discretion, and that's a high hurdle to overcome," said Cezar M. Froelich, a Chicago attorney who specializes in gaming laws and represented Springfield in its casino process. "It's a chance well worth taking. A lot of time and money has been invested in this. But from purely a legal standpoint, it's a long shot."
Boston College economist Richard McGowan, an expert on gaming issues, said the suit makes the awarding of the license last month to Wynn "murky. No doubt about it ...The way the law is written, the commission has the final say. That does not mean the court can't say 'You are being unfair, and you can't do that.'"
The lawsuit filed in Suffolk Superior Court charges the commission with conducting a "flawed" process that violated the state Gaming Act and potentially benefitted criminal interests.
Recent indictments of three men — Dustin DeNunzio and Anthony Gattineri, owners of the Everett land where Wynn plans to build his $1.6 billion gaming palace, and felon Charles Lightbody — charged them with trying to conceal Lightbody's one-time ownership stake in the riverfront parcel that Wynn has a $35 million option to buy.
Wynn and the commission maintain Wynn knew nothing about Lightbody's ownership stake, which could have killed the casino bid. Wynn declined to comment yesterday.
In a statement, the commission said, "We are confident that this complex licensing process has been executed in a manner that is comprehensive, thoughtful and fair, albeit unsatisfactory and disappointing to those who had hoped for a different outcome."
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