KG Urban Drops Tribal Provision Challenge

A developer seeking a resort casino in New Bedford has ended its court challenge of a provision in the state's casino gambling law that gave initial preference to a federally-recognized Indian tribe in southeastern Massachusetts.

The 1st U.S. Circuit Court of Appeals said in court documents Friday that an appeal by KG Urban Enterprises had been voluntarily dismissed.

KG appealed after a federal judge ruled against the lawsuit earlier this year. The company had challenged the constitutionality of the tribal casino language in the 2011 law, saying it discriminated against potential commercial developers.

The state gambling commission has since agreed to accept casino applications from commercial developers in southeastern Massachusetts, while continuing to monitor the Mashpee Wampanoag tribe's bid to win federal approval for a proposed facility in Taunton.