Aquinnah casino opponents given time for Supreme Court appeal – MV Times

Like a Ferris wheel cabin being stopped at the top of its arc, a federal appeals court has frozen its decision in the case that paves the way for the Wampanoag Tribe of Gay Head (Aquinnah) bingo hall.

The stay was issued on Monday by the First Circuit Court of Appeals. It gives the town, Aquinnah/Gay Head Community Association, and the Commonwealth of Massachusetts time to appeal the ruling to the U.S. Supreme Court.

The appeals court stay gives the parties 90 days to file a cert application with the U.S. Supreme Court to hear the case. “If the petition for certiorari is denied, mandate shall issue forthwith,” the two-page court ruling states.

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Federal Court Issues Stay in Casino Case, Allowing Time for Last Appeal-MV Gazette

A federal appeals court this week froze the effect of its ruling that the Aquinnah tribe has the legal authority to operate a gambling hall on the Vineyard, while the town, the state and a community group ask the U.S. Supreme Court to review the case.

The U.S. Court of Appeals for the 1st Circuit, which ruled for the Wampanoag Tribe of Gay Head (Aquinnah) last month, nevertheless issued a stay of mandate Monday and gave the gaming opponents 90 days to file their appeal.

If the nation’s highest court declines to review the case, the stay will end.

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Full U.S. Appeals Court Declines to Hear Casino Case – MV Gazette

A federal appeals court has rejected another bid to halt efforts by the Gay Head Wampanoags to conduct a gambling operation on Martha’s Vineyard, narrowing the legal options of the state, town and community group to an appeal to the U.S. Supreme Court.

The town of Aquinnah, the commonwealth and the Aquinnah/Gay Head Community Association had asked the full, six-judge U.S. Court of Appeals for the 1st Circuit to hear the case, after a three-judge panel of the same court ruled in favor of the Wampanoag Tribe of Gay Head (Aquinnah) last month.

In a one-sentence order issued Wednesday, the full court declined to hear the case and indicated that the three-judge panel had also denied a request for a re-hearing. The decision means the opponents now have one further appeal, to the nation’s highest court, which hears only about one per cent of the 7,000 to 8,000 petitions it receives each year.

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State joins Town, Taxpayers in Appeal of Casino Ruling – MV Gazette

The Massachusetts Attorney General joined the town of Aquinnah and a community group this week in challenging a federal appellate panel’s ruling that gave the green light to a tribal gambling facility on the Vineyard. In court documents filed late Monday, all three asked for the full, six-judge U.S. Court of Appeals for the 1st Circuit to reconsider the April 10 decision of one of its three-judge panels, which ruled unanimously in favor of the Wampanoag Tribe of Gay Head (Aquinnah). In the alternative, they asked for the three-judge panel to reconsider its decision.

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Aquinnah selectmen authorize appeal of tribe ruling – MV Times

Update: The Island’s smallest town could be headed for the biggest legal stage.

In a meeting Thursday afternoon, the board of selectmen authorized town counsel Ronald Rappaport to “pursue all appellate avenues of relief including pursuing taking the case to the Supreme Court,” town administrator Adam Wilson wrote in an email.

The vote was 2-0 with Juli Vanderhoop and Gary Haley in attendance. Selectman Jim Newman participated in Thursday’s executive session discussion via video conferencing, but did not vote on the decision to move forward.

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Town, Taxpayers Will Fight Casino Ruling in U.S. Court – MV Gazette

Facing long odds, the town of Aquinnah and a community group this week officially decided to fight to overturn an appellate court’s ruling that a gambling hall can be located on tribal land at the Island’s western edge.

Aquinnah selectmen discussed legal strategy Thursday afternoon before formally voting to “pursue all appellate avenues of relief, including . . . taking the case to the Supreme Court,” said town administrator Adam Wilson, after the five-minute closed session at town hall.

Selectmen Juli Vanderhoop and Gary Haley endorsed the move, after a discussion with Mr. Wilson and town counsel Ronald H. Rappaport. Selectman Jim Newman, who was out of the country, expressed his support via FaceTime before the meeting began, but did not participate in the official vote.

The town, the Aquinnah/Gay Head Community Association (AGHCA) and likely the state will be appealing an April 10 decision by the U.S. Court of Appeals for the 1st Circuit in Boston.

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