KG Urban Enterprises, LLC v. Patrick
969 F. Supp. 2d 52
D. Mass.2013Background
- Plaintiff challenges § 91(e) of the Gaming Act, which restricts Region C bids if a tribal-state compact was approved before July 31, 2012.
- Plaintiff amended the complaint to seek only § 91(e) challenges and related relief.
- The Amended Complaint asserts three counts: race-based exclusivity in Region C, ongoing race-based delay, and a Massachusetts Declaration of Rights violation.
- The Mashpee Wampanoag Tribe and the Aquinnah Tribe intervened but the court ultimately denied intervention.
- The Gaming Commission in 2013 began accepting Region C commercial applications, prompting this mootness challenge.
- The court previously remanded after First Circuit review and allowed amended pleadings and further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether voluntary cessation bars mootness here | Plaintiff argues cessation is not absolute and relief remains possible | Defendants argue cessation shows no future harm and relief is moot | Voluntary cessation exception applies; dismissal denied |
Key Cases Cited
- American Civil Liberties Union of Massachusetts v. U.S. Conference of Catholic Bishops, 705 F.3d 44 (1st Cir. 2013) (mootness requires live controversy; burden on party invoking mootness)
- Catholic Bishops, 705 F.3d 54 (1st Cir. 2013) (voluntary cessation requires 'formidable burden' to show non-recurrence)
- City of Mesquite v. Aladdin’s Castle, Inc., 455 U.S. 283 (1982) (repeal of ordinance during appeal does not preclude merits review if repassage possible)
- Adarand Constructors, Inc. v. Slater, 528 U.S. 216 (2000) (threat of third-party suit can defeat mootness unless too speculative to sustain)
- Already, LLC v. Nike, Inc., 138 S. Ct. 721 (2013) (covenant to cease challenged conduct can satisfy voluntary cessation)