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KG URBAN ENTERPRISES, LLC v. PATRICK

No. 12-1233.

693 F.3d 1 (2012)

KG URBAN ENTERPRISES, LLC, Plaintiff, Appellant, v. Deval L. PATRICK, in his official capacity as Governor of the Commonwealth of Massachusetts; Chairman and Commissioners of the Massachusetts Gaming Commission, in their official capacities, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 1, 2012.

Attorney(s) appearing for the Case

Paul D. Clement , with whom Jeffrey M. Harris , Brian J. Field , Bancroft PLLC, Kevin M. Considine , Alexander Furey , and Considine & Furey, LLP were on brief, for appellant.

Kenneth W. Salinger , Assistant Attorney General, with whom Martha Coakley , Attorney General of Massachusetts, was on brief, for appellee.

Jeffrey Pokorak , Lorie Graham , and Nicole Friederichs on brief for Suffolk University Law School's Indian Law and Indigenous Peoples Clinic, amicus curiae.

Before LYNCH, Chief Judge, LIPEZ and HOWARD, Circuit Judges.

LYNCH, Chief Judge.

This appeal raises a constitutional challenge to certain provisions of a 2011 Massachusetts law, "An Act Establishing Expanded Gaming in the Commonwealth" (the Massachusetts Gaming Act), 2011 Mass. Acts ch. 194 (largely codified at Mass. Gen. Laws ch. 23K), which sets procedures and standards for authorizing legalized gaming in the Commonwealth of Massachusetts.

KG Urban Enterprises, LLC, a potential...

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