Queen Treasure

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Six days later, Interior determined that the land did not qualify for gaming under the Indian Gaming Regulatory Act (IGRA), forcing the tribe to shutter the operation and take the federal government back to court.

The arguments came as Scotts Valley asked US District Judge Trevor McFadden to issue a preliminary injunction blocking Interior’s July 30 decision. The outcome of the dispute directly threatens the tribe’s much larger ambition for the site: a proposed $700 million casino resort and hotel.

Under IGRA, gaming is generally prohibited on land taken into trust after 1988 unless it qualifies under specific exceptions. Scotts Valley claims its Vallejo property falls under the “restored lands” exception for federally recognized tribes.

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Bally’s has been granted two years’ worth of extensions for the permanent project. State law allows for two-year temporary licences, but the Illinois Gaming Board approved an extension to three years in 2023. That pushed the deadline to this September, but Bally’s ultimately received another year’s worth of extensions through language included in the state’s omnibus revenue bill that was passed in June.

If the latest extension had not been granted, Bally’s would have had to close its temporary casino at Medinah Temple until the permanent venue was completed. That would have resulted in multiple months with no revenue in the market, but Kim told iGB at the East Coast Gaming Congress in April that a closure of the temporary site was “not the end of the world”.

Meanwhile, Bally’s is forging ahead with an even bigger project to the east, its $4 billion Bally’s Bronx resort in New York City. The company was one of three NYC licence winners last year, alongside Resorts World New York City and Hard Rock’s Metropolitan Park.

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The court also explored potential liabilities for trust administrators and local representatives who facilitate illegal gambling sites. 

While it did not find Curaçao-based trust firm DECC and its directors liable in this case, the ruling signalled that closer scrutiny of such intermediaries could unfold.

Nederlandse Loterij has announced plans to appeal portions of the Lalabet decision, particularly arguing that trust firms have a duty to properly vet their clients.