A lawsuit the city of Revere, Mohegan Sun and a local electrical workers union filed yesterday against the state Gaming Commission, claiming members "ignored the law and manipulated the application process" when they gave Wynn Resorts the Boston region's sole gaming license, will be extremely difficult to win, according to a leading expert on gaming law.
"These (lawsuits) are almost always unsuccessful," said I. Nelson Rose, a professor at Whittier Law School in Costa Mesa, Calif. "I don't think it's going to mean much. I'm not even sure it's going to delay the plan (to build a Wynn resort casino in Everett)."
A Wynn spokesman pointed to part of the state gaming law that says applicants "have no legal right or privilege to a gaming license and shall not be entitled to any further review if denied by the commission."
Rose said he doesn't know if a provision limiting challenges of the gaming panel's decision would hold up in court, "but even without it, courts generally defer to the decisions of regulators. I've never seen one of these challenges succeed on the grounds of bias. The only way they can succeed is if the regulators didn't follow the statute or their own written procedures."
Mohegan Sun, which lost its bid to build a casino in Revere, claims to have been "substantially harmed" by the commission's "numerous violations of its statutory obligations" and members' "arbitrary and capricious actions" prior to granting the license to Wynn in September, according to the complaint filed in Suffolk Superior Court.
The suit blasts "the Commission's exhibition of extreme favoritism" toward Wynn Resorts and accuses members of "applying a different set of rules to Wynn than (they) did for all other applicants for a gaming license."
"We're not suing to get the license," Mitchell Etess, CEO of the Mohegan Tribal Gaming Authority, told the Herald. "We're asking that the license be revoked and a fair and impartial process be run."
In a statement yesterday, Gaming Commission spokeswoman Elaine Driscoll said "each gaming license was awarded based solely on merit and the decision-making process was executed with unprecedented transparency. ... We remain confident that this complex licensing process has been accomplished in a manner that is comprehensive, thoughtful and fair."
Michael Weaver, another Wynn spokesman, said the lawsuit will not delay construction, which is scheduled to begin in the spring.
The suit is the latest to be filed against the Gaming Commission.
Boston, Revere and Somerville have each sued the panel.
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