A company that wants to build a resort casino in New Bedford has ended its legal battle with the state over a section of the gaming law that gives initial preference to a federally recognized Indian tribe in the southeastern part of the state.
In court documents filed yesterday, the 1st Circuit of the U.S. Court of Appeals said an appeal by KG Urban Enterprises had been voluntarily dismissed.
"We have filed our initial application with the MGC (Massachusetts Gaming Commission) and engaged in conversations with the city of New Bedford," Andrew Paven, a spokesman for KG, said in an email. "Our focus is on winning a license, not litigation."
The company sued the state after the passage of the 2011 law allowing for up to three regional resort casinos and one slots parlor. The lawsuit argued that a provision that effectively gave the Mashpee Wampanoag tribe temporary exclusivity in the southeast region was unconstitutional because it discriminated against commercial developers such as KG.
In 2013, the gaming commission voted to begin accepting casino applications from commercial developers in the region, while still keeping tabs on the tribe's efforts to win federal approval for a proposed casino in Taunton.
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