MGC Fires Back Against Boston Lawsuit, Calls for Dismissal July 9

The Massachusetts Gaming Commission (MGC) is striking back with strong language aimed at the City of Boston in a motion to dismiss its amended lawsuit, which was announced at a press conference in Charlestown May 21.

The Boston amended lawsuit, among many other things, called for all five MGC members to be replaced and the Wynn licensing decision nullified.

“Launching a personal assault on the five members of the Massachusetts Gaming Commission is a deeply disappointing and wholly unproductive approach to resolving important public policy issues,” read a statement from the MGC. “The Commission made each license award based solely on a thoughtful, objective and exhaustive evaluation of each gaming proposal. The Commissioners remain committed to the participatory, transparent and fair process that has been the touchstone of the Commission’s work. And they remain hopeful that the parties can collaboratively resolve their differences and begin to realize the extraordinary benefits of jobs, economic development and revenue that the law was designed to produce.”

The short and sweet motion to dismiss the amended lawsuit, which was filed by MGC lawyers on May 26, indicates that the Boston lawsuit does not – and may not be intended – to comply with legal thresholds.

The motion calls for the court to dismiss the Boston lawsuit in its entirety during a hearing scheduled for July 9.

“Boston’s Amended Complaint neither complies with (nor seems intended to comply with [legal] requirements,” read the motion. “It is 153 pages long, contains 636 separately numbers paragraphs, and attaches 84 different exhibits comprising more than 3,700 pages. Accordingly, and for all the reasons set forth in the Memorandum accompanying this motion, the Amended Complaint flagrantly violates [state law] and should be dismissed.”

Attorney David Mackey of Cambridge-based Anderson & Kreiger filed the motion in the Suffolk Superior Court Business Litigation Session.

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