AQUINNAH/GAY HEAD COMMUNITY ASSOCIATION, INC.; Town of Aquinnah, Plaintiffs, Appellees/Cross-Appellants, Commonwealth of Massachusetts, Plaintiff, Appellee,
v.
The WAMPANOAG TRIBE OF GAY HEAD (AQUINNAH); The Aquinnah Wampanoag Gaming Corporation; The Wampanoag Tribal Council of Gay Head, Inc., Defendants, Appellants/Cross-Appellees,
Charlie Baker, in his official capacity as Governor of the Commonwealth of Massachusetts; Maura Healey, in her capacity As Attorney General of the Commonwealth of Massachusetts; Cathy Judd-Stein, in her capacity as Chair of the Massachusetts Gaming Commission, Third Party Defendants, Appellees.
Aquinnah/gay Head Community Association, Inc.; Town of Aquinnah, Plaintiffs, Appellees/Cross-Appellants,
Commonwealth of Massachusetts, Plaintiff, Appellee,
v.
The Wampanoag Tribe of Gay Head (Aquinnah); The Aquinnah Wampanoag Gaming Corporation; The Wampanoag Tribal Council of Gay Head, Inc., Defendants, Appellants/Cross-Appellees,
Charlie Baker, in his official capacity as Governor of the Commonwealth of Massachusetts; Maura Healey, in her capacity as Attorney General of the Commonwealth of Massachusetts; Cathy Judd-Stein, in her capacity as Chair of the Massachusetts Gaming Commission, Third Party Defendants.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
February 25, 2021.
February 25, 2021.
Attorney(s) appearing for the Case
Scott D. Crowell, Sedona, AZ, with whom Crowell Law Office-Tribal Advocacy Group LLP, Lael R. Echo-Hawk, MThirtySix, PLLC, Bruce Singal, Elizabeth McEvoy, Boston, MA, and Donoghue, Barrett & Singal were on brief, for appellants/cross-appellees.
Daniel D. Lewerenz, Native American Rights Fund, Derrick Beetso, National Congress of American Indians, Gregory A. Smith, and Hobbs Straus Dean & Walker, LLP, on brief for NCAI Fund and USET Sovereignty Protection Fund, amici curiae.
William M. Jay, Washington, DC, with whom Douglas J. Kline, Joshua J. Bone, Boston, MA, Goodwin Procter LLP, Felicia H. Ellsworth, Claire M. Specht, Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, Ronald H. Rappaport, Edgartown, MA, Michael A. Goldsmith, Boston, MA, and Reynolds, Rappaport, Kaplan & Hackney, LLC were on brief, for appellees/cross-appellants Aquinnah/Gay Head Community Association, Inc. and Town of Aquinnah. Brian M. Hurley, Stacie A. Kosinski, Boston, MA, and Rackemann Sawyer & Brewster, P.C., on brief for Martha's Vineyard Commission, amicus curiae.
Before Thompson and Kayatta, Circuit Judges.
THOMPSON, Circuit Judge.
The Wampanoag Tribe of Gay Head (Aquinnah),1 the Wampanoag Tribal Council of Gay Head, Inc., and the Aquinnah Wampanoag Gaming Corporation (collectively, the "Tribe") plan to build a gaming facility on the Tribe's trust lands in Dukes County, Massachusetts. The Commonwealth of Massachusetts,...
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