A legal battle in Fall River could sink the Mashpee Wampanoag’s plans to build a $500 million casino in the city.
On Monday, an attorney for the Fall River Redevelopment Authority filed a notice of intent to appeal to a single justice of the Massachusetts Appeals Court, according to court records.
At issue is whether the
"It’s like putting the cart before the horse," said attorney Lesley Rich, who is representing the 10 taxpayers who brought the initial lawsuit. "They need to change the law before they sell the land."
Bristol Superior Court Judge Richard Moses imposed a temporary injunction last month based on the state restrictions.
The judge also supported the argument that the sale of the property should have gone out to bid, a position backed by the state’s inspector general.
The authority’s attorneys have argued that the proposed sale doesn’t violate the act because the restriction is "likely to be removed by the Legislature."
Attorneys point out that the restriction was removed in legislation approved last summer, but never signed into law by the governor.
Max Stern, the attorney representing the Fall River Redevelopment Authority, did not return repeated calls Monday seeking comment.
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