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While Interior agreed that Scotts Valley met requirements regarding its modern ties to the area and the timing of the acquisition, the department ultimately concluded the tribe failed to demonstrate a sufficiently significant historical connection to the land.
In court Friday, DOJ attorney Amber Dutton-Bynum argued that Scotts Valley could not meet the high threshold for irreparable harm required to secure an injunction. She maintained that the tribe knowingly chose to invest in the Preview Casino while its gaming status remained uncertain, as reported by Law360. Dutton-Bynum added that the modular buildings could easily be repurposed for non-gaming commercial uses if the prohibition stands.
Patrick Bergin, an attorney for Scotts Valley, rejected that argument, noting the difficulty of converting a site explicitly planned and built for gaming into something like an auto dealership.
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In the suit brought earlier this year, the Cantor unit accuses the two gaming companies of infringing on five of its patents and requested an undisclosed amount of financial damages.
Interactive Games was once a part of Cantor Gaming, which no longer operates. That entity was familiar with controversy, enduring allegations of money laundering and nearly losing its Nevada license in 2018. The parent company sold the business in 2019.
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