Boston Mayor Martin Walsh sued the Massachusetts Gaming Commission on Monday over its decision to award Wynn Resorts the casino project in Everett. Walsh is asking Suffolk Superior Court to void the commission’s recommendation and declare that Boston has the right to hold a binding vote on the development.
Walsh has been a major thorn in the side of the commission despite having only been in office for a little over a year. In the 75-page lawsuit, Walsh accuses the commission of ignoring provisions contained in the state’s 2011 casino statute, specifically the commission’s decision to hold a “mock hearing” with a predetermined bias against the city.
The administration’s lawsuit also argues that Wynn Resorts shouldn’t have received the license in the first place because of the alleged criminal background of the former landowners of the Everett site where Wynn’s casino will eventually rise.
“The Gaming Act prohibits a casino license application from advancing if a convicted felon has a financial interest in the premises on which the casino will be located,” according to the suit.
Walsh also said that access to the Everett site would mean that visitors would have to pass through Boston, giving the city the right to have a vote on the project as a host community, an argument the commission already rejected in May 2013.
“With Boston providing the sole access point to the casino site, the vast majority of patrons would be required to drive through Rutherford Avenue and Sullivan Square in Charlestown—an area that already faces severe traffic congestion,” the mayor said.
Walsh’s criticism of the commission could stem from Mohegan Sun losing out on the license. Had Mohegan won the license, the city of Boston would have received $18 million a year from the developer under a compensation agreement. Walsh failed to secure a similarly lucrative arrangement with Wynn.
Commission Spokeswoman Elaine Driscoll maintained that the panel covered all of its bases before awarding the license to Wynn Resorts and that Walsh’s complaints have been addressed “multiple times in a public and transparent manner.”
“The commission continues to believe that our resolution was appropriate but also fully understand that parties who are disappointed in our decisions may want to test that belief through litigation,” Driscoll added. Commission lawyers will review the administration’s lawsuit before issuing any kind of response.
Wynn Resorts announced same day after the lawsuit became public that the company has finalized the sale and has taken the ownership of the property.
“The acquisition of the property keeps us on schedule and moving closer to construction,” said Robert DeSalvio, president of Wynn Everett. “Today, we hit the ‘go’ button and we’re not stopping until a spectacular Wynn Resort with a new waterfront public park for all to access and enjoy is completed.”
