No Decision Yet on MGC Lawsuits

September 25, 2015
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A judge in Suffolk Superior Court heard several arguments Tuesday afternoon on multiple lawsuits against the Massachusetts Gaming Commission (MGC) regarding the Wynn casino license.

Despite all of the discussion, Judge Janet Sanders did not make a decision.

“I have heard all the arguments and will make a decision as quickly as possible,” she said.

More than two hours of arguments were made as to why the suits shouldn’t be dismissed and why they should be dismissed. Those suits heard came from Boston, Revere, Mohegan Sun, IBEW Union and four registered voters claiming violations of the open meeting law.

The biggest case came between Boston and the MGC and centered on timeliness, whether or not Boston filed too late.

The MGC said the clock started on Sept. 17, 2014 and Boston didn’t file until Jan. 5, 2015.

“Even with the repeal vote, Boston had two weeks to prepare its brief following the results of that vote, and it did not,” said Dave Mackey for the MGC.

Boston said it had until November when the clock started, as the license was really given out on Nov. 7, after the repeal vote.

“In September, the MGC entered into an agreement to take an action in the future,” said Tom Frongillo for Boston.

Another argument at the center of it all was whether Boston could be a host community.

Boston leaned on Horizon Way as the only access point to Wynn.

“You have to get in and you have to get out,” said Frongillo. “It’s like a house without a door. It doesn’t function.”

The MGC leaned on the definition of a Surrounding Community.

“Boston is a community from which transportation infrastructure provides ready access; that’s a surrounding community,” said Mackey. “Boston has no answer to the definition of a surrounding community in its brief.”

The judge quizzed all parties on their arguments, and though seemingly growing frustrated with the length of discussion,  didn’t lean any way.

She will hand down her decisions in the near future, likely in written form rather than at another hearing.