Mohegan Sun's erstwhile Palmer landlord is roping the state Gaming Commission into its lawsuit that seeks to bar Mohegan from building a casino anywhere but Palmer, demanding the commission turn over any communications between Mohegan and Suffolk Downs that might support the claim that Mohegan undercut its own Palmer casino effort to chase an opportunity in Revere.
Northeast Realty is arguing that any talks Mohegan and its chief executive Mitchell Etess had with Suffolk Downs before the casino developer lost a referendum in Palmer would violate an exclusivity agreement.
"The public records request to the Massachusetts Gaming Commission seeks to identify any communications conducted between representatives of Mohegan Sun including its attorney, Kevin C. Conroy, relating to the Suffolk Downs property, and the MGC including, but not limited to, commission staff and its Investigations and Enforcement Bureau," Northeast spokesman Paul Robbins said in a statement.
Commission spokeswoman Elaine Driscoll said the commission's legal staff is reviewing the request, and does "not have a comment on the lawsuit at this time."
The request, addressed to chairman Stephen Crosby and dated Feb. 28, asks for copies of any communications from Jan. 1, 2013, to Nov. 30, 2013, between the commission and a series of individuals "concerning the possibility or consideration of Mohegan's participating in any way in the application for a license for and/or development of a gaming facility anywhere on the Suffolk Downs Property."
The individuals include:
• Suffolk Downs principals Richard Fields and Joseph O'Donnell.
• House Speaker Robert A. DeLeo and staff.
• Any attorneys or lobbyists associated with the law firms Foley Hoag and DLA Piper, who work for Mohegan.
• The public relations firm O'Neill and Associates, which represents Mohegan.
• Former state Rep. Kathi-Ann Reinstein (D-Revere) and staff.
• State Sen. Anthony Petruccelli (D-East Boston) and staff.
Mohegan Sun declined to comment on the records request.
Northeast Realty, which wants Mohegan to abandon its lease on the Palmer site, hit Revere Mayor Dan Rizzo with the same records request in January. Revere's solicitor responded that a search of voicemail and email records of Rizzo and his immediate staff "failed to produce any records responsive to your public records request."
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