City of Revere & others v. Massachusetts Gaming Commission

Summary

The Massachusetts Supreme Judicial Court reviewed challenges to the Massachusetts Gaming Commission’s award of a category 1 gaming license to Wynn MA, LLC, rather than to Mohegan Sun Massachusetts, LLC. The court held that the gaming statute generally precluded judicial review under G. L. c. 30A, § 14, but did not bar extraordinary certiorari review. It affirmed in part, reversed in part, and remanded for further proceedings concerning the plaintiffs’ claims and the availability and scope of certiorari review.

Holdings

1. General Laws c. 23K, § 17 (g), expressly precludes ordinary judicial review of commission gaming-license decisions under G. L. c. 30A, § 14, including review sought by entities other than applicants whose applications were denied.
2. Certiorari review may be available for a commission gaming-license decision notwithstanding § 17 (g)'s preclusion of ordinary statutory review.
3. The commission could not obtain immediate interlocutory review of the order allowing Mohegan Sun's certiorari claim to proceed.
4. Mohegan Sun satisfied the prerequisites for certiorari review by alleging a quasi-judicial proceeding, the absence of another reasonably adequate remedy, and substantial injury or injustice.
5. Certiorari review of the commission's licensing decision is extremely deferential: highly discretionary policy determinations are effectively unreviewable, while alleged violations of statutory requirements or legally erroneous, unsupported, arbitrary, or capricious components may be reviewed.
6. The City of Revere and the union lacked standing to pursue certiorari or declaratory-judgment claims challenging the commission's licensing decision.
7. The individual plaintiffs plausibly stated an open meeting law claim based on commissioners' calendar entries suggesting that quorums may have deliberated on matters within the commission's jurisdiction; dismissal of that portion of the claim was improper.

Questions Presented

1. Whether G. L. c. 23K, § 17 (g), precludes judicial review of the commission's gaming-license decision under G. L. c. 30A, § 14.
2. Whether certiorari review remains available notwithstanding § 17 (g).
3. Whether Mohegan Sun's certiorari claim was timely and whether the commission could immediately appeal the interlocutory order allowing that claim to proceed under the doctrine of present execution.
4. Whether Mohegan Sun satisfied the prerequisites for certiorari review.
5. What standard and scope govern certiorari review of the commission's licensing decision.
6. Whether the City of Revere and the union had standing to pursue certiorari or declaratory-judgment claims.
7. Whether the individual plaintiffs plausibly stated a claim that the commission violated the open meeting law.

Disposition

reversed_and_remanded