City of Revere v. Massachusetts Gaming CommissionAnnotate this Case
In 2014, the Massachusetts Gaming Commission awarded a gaming license to Wynn MA, LLC. An unsuccessful applicant for the license (the company), the city that would have hosted the unsuccessful applicant, a labor union, and individual citizens (collectively, Plaintiffs) filed two complaints alleging numerous defects in the Commission’s process for awarding the license. The Commission moved to dismiss both complaints. The superior court allowed the motions on all but one count of one of the complaints, permitting only the company’s claim for certiorari review to survive. The Supreme Court affirmed in part and reversed in part the judge’s allowance of the Commission’s motion to dismiss, holding (1) the motion judge correctly dismissed the company’s claim under Mass. Gen. Laws ch. 30A, 14; (2) the judge correctly found that certiorari review of the licensing decision was available; (3) the city and the union lacked standing to assert their certiorari and declaratory judgment claims; and (4) the individual plaintiffs plausibly stated a claim for relief under the open meeting law. Remanded.