I. Nelson Rose quoted by Boston Herald on Mohegan Sun vs. Gaming Commission suit

Boston Herald, January 22, 2015


“These (lawsuits) are almost always unsuccessful,” said I. Nelson Rose, a professor at Whittier Law School in Costa Mesa, Calif. “I don’t think it’s going to mean much. I’m not even sure it’s going to delay the plan (to build a Wynn resort casino in Everett).”

A Wynn spokesman pointed­ to part of the state gaming law that says applicants “have no legal right or privilege to a gaming license and shall not be entitled to any further review if denied by the commission.”

Rose said he doesn’t know if a provision limiting challenges of the gaming panel’s decision would hold up in court, “but even without it, courts generally defer to the decisions of regulators. I’ve never seen one of these challenges succeed on the grounds of bias. The only way they can succeed is if the regulators didn’t follow the statute or their own written procedures.”

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