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Kg Urban Enterprises, LLC v. Deval L. Patrick, In His Official Capacity As Governor of the

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Before Lynch, Chief Judge, Lipez and Howard, Circuit Judges.

This appeal raises a constitutional challenge to certain provisions of a 2011 Massachusetts law, “An Act Establishing Expanded Gaming in the Commonwealth” (the Massachusetts Gaming Act), 2011 Mass. Acts ch. 194 (largely codified at Mass. Gen. Laws ch. 23K), which sets procedures and standards for authorizing legalized gaming in the Commonwealth of Massachusetts.

KG Urban Enterprises, LLC, a potential applicant for a gaming license, argues that § 91 of the Act provides unauthorized preferences to Indian tribes and on that basis treats the southeast section of the state differently, and this constitutes a classification on the basis of race in violation of the Equal Protection Clause of the Fourteenth Amendment and is inconsistent with Congressional intent in the federal Indian gaming statute.

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