Suffolk Superior Court Judge Janet Sanders rejected a request by the Massachusetts Gaming Commission to dismiss a lawsuit filed by the city of Boston, although the ultimate outcome of the action that is legal stop the Wynn Everett from being built is still very much in doubt.

Judge Sanders denied the request after the video gaming commission stated that the 153-page lawsuit ended up being ‘unanswerable,’ but stated that the next hearing will be held to consider other arguments by the state.

‘I’m planning to reject the motion,’ Judge Sanders said. ‘I think to allow it will slow things down. I’d like to move on.’

Boston Disputes Licensing Process, Wishes Host Community Reputation

Boston is suing the video gaming commission, stating that the panel violated its rules for awarding casino licenses when it chose the Wynn Resorts project in Everett for the Greater Boston-area license.

The towns of Somerville and Revere are pursuing similar lawsuits against the commission.

Boston can also be claiming that they should be designated as a host community for the Everett casino, saying which they will bear most associated with the traffic burden once the casino is operational.

Nevertheless, Massachusetts Gaming Commission chairman Stephen Crosby defended the choice to not award that status to Boston, saying it’s very clear under state law that they do not qualify.

‘The gaming establishment is not in Boston,’ Crosby said at a commission meeting in Southern Boston. ‘It’s right in what the law states. It’s pretty easy. If the gaming establishment is in a grouped community, it is a number community. It is not. if it really isn’t,’

Next Hearing Set for September

While Judge Sanders has allowed the lawsuit to go forward, that does not mean that Boston scored a major victory at the hearing, and there are still several questions concerning the lawsuit that are yet to be answered.

The judge has set a hearing that is new September 22, on which date she will hear other motions to dismiss the various legal actions against the gaming payment.

A variety of other requests that are legal be heard on that date.

In addition, Judge Sanders has slowed down the subpoena procedure for the city of Boston, halting those subpoenas from being enforced until after it really is determined which, if any, lawsuits will ultimately go forward in the case.

Boston had released subpoenas that are several element of allegations that personal detectives employed by Wynn Resorts had been administered use of a wiretap room at the Massachusetts attorney general’s workplace.

Wynn Threatens Defamation Suit

Wynn has denied having any connection to the men that Boston claims had been working on their behalf. In addition, the corporation has signaled that they are tiring of the constant accusations being lobbed at them by Boston Mayor Marty Walsh.

On Monday, an attorney for Wynn sent a letter to Walsh and lawyers representing Boston, one that demanded an apology and threatened to sue the city for defamation.

In particular, it singled out claims that Wynn had access to state files associated with felon Charles Lightbody’s ownership interest in the land purchased by the business in Everett, and that Wynn employees held meetings to discuss Lightbody’s participation.

‘Apparently, you have actually conducted yourselves with reckless neglect for the truth as you somehow feel your actions are immune from accountability,’ wrote Wynn lawyer Barry Langberg. ‘Such is perhaps not the case. Massachusetts law does not protect individuals (even public officials) from defamation liability for providing falsehoods to the media, even when they attempt to insulate themselves by disseminating the falsehoods into the as a type of legal documents.’