Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head, No. 19-1661 (1st Cir. 2021)Annotate this Case
In this litigation surrounding the development of a gaming facility on the trust lands of the Wampanoag Tribe of Gay Head, the Wampanoag Tribal Council of Gay Head, Inc., and the Aquinnah Wampanoag Gaming Corporation (collectively, the Tribe) the First Circuit affirmed the amended final judgment of the district court as to a permitting issue, holding that the district court did not err.
The Tribe planned to build a gaming facility on its trust lands in Dukes County, Massachusetts, but the Commonwealth of Massachusetts, the Town of Aquinnah, and the Aquinnah/Gay Head Community Association sought to put a halt to the development until the Tribe complied with municipal and Commonwealth regulations that they claimed were applicable. At issue was whether a party who did not raise a particular issue, the permitting issue, in the first appeal to the First Circuit, though it could have, could do so on a successive appeal. The district court held that the Tribe had forfeited or waived the issue by not appealing the permitting issue. The First Circuit affirmed, holding that this case did not qualify as one involving an exceptional circumstance, and therefore, the permitting issue could not be raised on appeal.
The court issued a subsequent related opinion or order on March 1, 2021.