The legal counsel for the Redevelopment Authority will file a motion Monday in the Massachusetts Court of Appeals in Boston to overrule a suit injunction halting its land sale for a potential casino resort.
The cost will likely be around $5,000, officials said.
“A large number of people see this as a benefit. This is a major project and multiple steps are involved to
Ferreira, who works in real estate, called the proposed casino resort “potentially one of the most critical turning points the city could have as far as economic development.”
After completing an executive session discussion, RA Chairman William Kenney said attorney Jeffrey Wiesner, of the Boston law firm Stern, Shapiro, Weissberg & Garin, would appeal the “Ten Taxpayer Group” suit.
Wiesner will be paid $275 an hour and expects to complete the briefs and appeal within 10 to 15 hours.
While the RA has spent more than $45,000 in legal fees, Kenney said he “has no problem with the legal fees that are being expended.” He called the fees being spent “miniscule … for a project of this magnitude.”
“I think our concern is to get some jobs into the city,” Kenney said.
Kenney also said they expect an appeal to a single justice would result in an expedited ruling in two weeks.
The land sale and option is for $21 million to sell most of a 300-acre tract to the Mashpee Wampanoag Tribe.
At the meeting, Mayor Will Flanagan Flanagan said the “destination-style resort casino” could bring 3,000 to 5,000 permanent jobs and more than 1,000 during construction.
Wiesner and Kenneth Fiola Jr. of the Fall River Office of Economic Development spoke via teleconference in open and closed sessions to the RA, along with Flanagan and Corporation Counsel Steven Torres.
Wiesner, an associate of attorney Max Stern, who was hired a few weeks ago, said Moses agreed with the 10 taxpayers that the RA and tribe violated the Massachusetts Bioreserve Act with their intention for a gaming casino.
He said the judge disagreed with defense motions that a legal casino would be built after meeting government requirements, and that a state Ten Taxpayer Statute did not confer jurisdiction for the courts to allow this suit.
The authority’s counsel had to file an appeal of the decision within 30 days of Moses’ injunction on Oct. 28, officials said.
The RA’s $4.5 million sale for 45 acres with an option to buy 200 acres more for $16.5 million had been scheduled for closing one week ago before the suit was filed.
Kenney, reporting out of an executive session to discuss legal strategy, could be heard behind closed doors loudly questioning the lawyers’ fees.
He summarized the advice they received in open session.
He said Wiesner advised them the appeal “was entirely justifiable” and advisable to do. “Generally, we agree filing an appeal will be the responsible thing to do,” Kenney said before the unanimous vote. Member Ann Keane was absent.
Kenney said he “saw no problem at all” with another delay of two weeks, following the suit filing on Oct. 21 by Somerset attorney Lesley Rich.
Kenney and Martin said their goal remains to “get both” the casino and a bio-park, although the location and configuration of the latter would be far different than the plan accepted under the prior administration.
Flanagan and councilors Pat Casey and Raymond Mitchell spoke about the opportunities they saw a casino bringing, while Kenney read a contrasting letter council Vice President Linda Pereira had submitted opposing the RA’s legal tract.
“Please consider voting against the funding of further litigation of the casino land sale suit. The citizens of Fall River have spent enough on this matter, considering the Commonwealth of Massachusetts has not even approved casino gambling,” Pereira wrote.
Casey and Mitchell offered opposite views.
“It’s important for you all to know we are totally behind you,” Casey said, “and the majority of Fall River is behind you.”
Casey said she accepted a dare from activist casino critic Stefani Koorey of Fall River, who has attended virtually every RA meeting, that in one day after Thanksgiving she can get 1,000 people to sign a supportive petition.
“To me, this is very important to the city and the jobs we’re looking at,” Casey said. She said more than 2,000 manufacturing jobs left the city when Quaker Fabric scaled back and shut down several years ago.
She and Mitchell cited interests of the Pocasset Wampanoag Tribe that attorney Rich also represents.
Mitchell said Rich told him while the RA was in a prior executive session that if the Mashpees offered the Pocassets “a cut of this, there would be no lawsuit.”
“Because the Pocassets don’t have the finances,” Casey said, “they’re fighting to halt it.”
The Mashpees have Malaysian investors Arkana Ltd. prepared to fund a $500 million resort casino, according to the tribe.
Rich has said the Pocassets’ chief is the sole tribal member among the 10 city taxpayers that filed suit, which he is handling pro bono.
Flanagan said bringing a casino resort to the city both brings thousands of jobs and diversifies their economy.
“The benefits of having a resort-style casino greatly out-weigh the short-term costs of having this project,” he said.
He said the administration is working hard with other developers to also bring green technology, medical, manufacturing and service sectors to the city.
Together, they would diversify the economy and decrease the likelihood of a sharp economic downfall when one sector fails, he said.
Flanagan also said pursuing the appeal is worthwhile because “we have a meritorious case. There’s a likelihood of success on the merits,” he said.
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