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United States First Circuit


KG Urban Enter., LLC v. Patrick, 12-1233

In a constitutional challenge to certain provisions of a Massachusetts law, which sets procedures and standards for authorizing legalized gaming in the state, claiming that the law provides unauthorized preferences to Indian tribes, the judgment of the district court is affirmed in part, vacated in part and remanded where: 1) the district court did not abuse its discretion in denying plaintiff's motion for injunctive and declaratory relief, nor in dismissing with prejudice of plaintiff's claims as to the $5 million appropriation; but 2) dismissal of the complaint is vacated for a determination of whether plaintiff's equal protection claim as to the law fails to state a claim on which relief may be granted or whether issuance of equitable relief may not be appropriate at some future date.

Appellate Information

  • Decided 08/01/2012
  • Published 08/01/2012

Judges

  • Lynch

Court

  • United States First Circuit

Counsel

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