Art, Entertainment & Sports Zoning, Planning & Land Use

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Ohio Supreme Court Rules No Compensable Taking Occurred as a Result of Filming Captain America: The Winter Soldier in Downtown...

Earlier this month the Ohio Supreme Court ruled that reduced access to a downtown Cleveland parking lot did not constitute a compensable taking under the Ohio Constitution. The case arose after the City of Cleveland granted a...more

Mayor's Fight vs Slots Parlor Gets Decided Tomorrow in Revere Special Election

To force the City of Revere to hold a special election solely on the question of building a slots parlor in the community, the wholesomely named Revere Jobs and Education Committee had to collect the signatures of at least...more

Oh, What Schemes of Glory This Business of Gambling Gives Birth To

Article 48, an amendment to the Massachusetts constitution adopted in 1918, states that “the people reserve to themselves the popular initiative, which is the power of a specified number of voters to submit constitutional...more

Wynn Just Bought a Bunch More Land in Everett and You Have to Wonder Why

At some point this past spring, casino mogul Steve Wynn acquired the weed-choked, old General Electric property in Everett for an undisclosed sum and an undisclosed purpose. I’m surprised this move has received so little...more

New York Issues DFS Permits

Just days after a New York State’s Daily Fantasy Sports law was passed, the New York Gaming Commission announced it has issued temporary permits to 5 DFS operators. The companies are DraftKings, FanDuel, Yahoo, Fantasy Draft...more

Court Decisions Define the Future for Tribal Gaming

Definitions and syntax. Not only on middle school quizzes, but also what determined the fate of the Mashpee Wampanoag and Cowlitz tribal casinos in Massachusetts and Washington, respectively. Two federal court decisions...more

Ninth Circuit Holds National Indian Gaming Commission Not Required to Conduct NEPA Review Before Approving Casino Gaming Ordinance

In Jamul Action Committee v. Chaudhuri, the United States Court of Appeals for the Ninth Circuit held that the National Indian Gaming Commission (Commission) did not violate the National Environmental Policy Act (NEPA) when...more

The Pursuit For An Island Casino

The Wampanoag Tribe of Gay Head (Aquinnah) continues its efforts to add casino bingo to the summer getaways and lobster rolls on Martha’s Vineyard. In November 2015, Massachusetts, the town of Aquinnah, and the Aquinnah/Gay...more

Massachusetts Gaming Update: Commission Rejects Application for Resort Casino in Brockton

The wait is over and the decision is in. On Thursday, April 28, the Massachusetts Gaming Commission voted 4-1 against awarding a commercial license to Mass Gaming & Entertainment, LLC to build a resort casino in Brockton....more

On Your Mark, Get Set, Build!

It has been nearly five years since Massachusetts legalized casino gambling, but the state is still without an operating resort casino. The Mashpee Wampanoag Tribe, MGM Resorts International, and Wynn Resorts are all chomping...more

10th Circ.: Permit Issuance Is Not State Action For Purposes of 14th Amendment

On April 19, 2016, the U.S. Court of Appeals for the Tenth Circuit, in Wasatch Equality, et al., v. Alta Ski Lifts Company, et al., affirmed the lower court’s dismissal of a lawsuit claiming that the U.S. Forest Service, in...more

MassDEP and CZM Propose Changes to Chapter 91 Regulations

MassDEP and the Commonwealth’s office of Coastal Zone Management recently proposed draft changes to the Designated Port Area and Facility of Public Accommodation regulations under the Chapter 91 program. Comments are due by...more

If Two’s A Party, Is Three A Crowd? MGC Community Hearing on Proposed Brockton Casino

The Massachusetts Gaming Commission (“MGC”) hosted a community meeting on March 1, 2016 to hear public input regarding Mass Gaming & Entertainment, LLC’s proposal to build a $677 million commercial casino in Brockton. As...more

Shrinking Buffer Zones? Municipalities Now Have Discretion to Decrease the 1,000 Foot Requirement

Looking for a location for a licensed marijuana premises? Changes to the buffer zone requirements may be headed to your fair city. Previously, the Washington State Liquor and Cannabis Board (“LCB”) would not issue a...more

Tacoma Passes Moratorium on New Retail Stores, Medical Cooperatives

Thinking about opening a recreational store or medical cooperative in Tacoma? Better sit tight, at least for the time being. On Tuesday, January 13, 2016, the Tacoma City Council passed a “temporary moratorium on new...more

Gaming Legal News: Volume 8, Number 24

Texas Continues To Wage War Against Indian Gaming - Texas Attorney General Kenneth Paxton appears to not like Indian gaming. Two of the state’s three federally recognized tribes have been pursuing gaming opportunities...more

Somerville Mayor's First Impression of Casino Footbridge May Not Be His Last

Now Steve Wynn has sweetened the deal for his Eastern Massachusetts casino with a pedestrian bridge over the Mystic River. The span would lead from the casino site in Everett to the fast-rising neighborhood at Assembly Row...more

Life is Beautiful! Stevie Wonder Concert Not a Burden on Religious Exercise

A federal court in Nevada recently dismissed a church’s claim that a music festival in “Sin City” Las Vegas featuring the likes of Stevie Wonder, Duran Duran, and Twenty One Pilots burdened its religious exercise....more

Gaming Legal News: Volume 8, Number 17: Enterprise Rancheria Ready To Construct Class II Casino

California’s Estom Yumeka Maidu Tribe, also known as Enterprise Rancheria, has said it will begin construction of a scaled-down Class II gaming facility in Yuba County, instead of the Class III facility that has been opposed...more

High Rollers Are Fine but Resort Casino Needs Orange Line Riders to Thrive

On the sidewalks of Everett, I have heard it said that Steve Wynn is quietly planning to lure planeloads of nouveau riche from the People’s Republic of China to his new “Wynn Everett” casino on the banks of the Mystic...more

The Oman Update - The Official Gazette 1103

Ministerial Decisions - Ministry of Sports Affairs - Ministerial Decision No. 152/2015 - Amending some provisions of the regulations on honouring sporting achievers (Ministerial Decision...more

California Environmental Law & Policy Update - June 2015

Environmental and Policy Focus - California Senate approves landmark legislation to combat climate change: San Jose Mercury News - Jun 3: The California Senate on Wednesday approved a sweeping package of climate change...more

En Banc Ninth Circuit Ruling Restores Certainty to Federal Recognition of "Indian Lands"

On June 4, 2015, the Ninth Circuit Court of Appeals issued its en banc decision in Big Lagoon Rancheria v. California, a case in which Big Lagoon Rancheria, a federally recognized Indian tribe, sought to compel the State of...more

The 411 on the New 415 Location of the Golden State Warriors

You can feel the buzz here in the Bay Area as the Golden State Warriors enter Game 4 of the NBA Playoffs following a 35 point upset over the Houston Rockets on Saturday, and a chance tonight to sweep the series and head to...more

Football and the Future of CEQA for Popular Projects

In quick succession, the Southern California cities of Inglewood and Carson have used the initiative process to approve new NFL football stadiums in bids to lure teams to new homes, bypassing review under the California...more

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