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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.

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.

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“Given the sensitivity around that, we were kindly asked to collaborate with the government [and] with the prospective customer that we are in discussions with to wait until the elections.”

Despite the delay, Weizer declared: “I will say that the expectations remain the same to enter into an agreement and launch sometime at the beginning of next year.”

Playtech CFO and Director Chris McGinnis told analysts on Thursday that the deal could provide an additional boost to the company’s medium-term outlook.

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In June, Administrative Law Judge Joseph Meyer sided with the tribe, finding Minnesota Valley’s policies did not prohibit behind-the-meter generation and that disconnecting the casino would violate the cooperative’s obligation to provide service.

More than two dozen other Minnesota electric cooperatives subsequently backed the findings, agreeing that threatening disconnection over a non-exporting solar project violated core cooperative principles.

The PUC largely adopted Meyer’s recommendations, ruling that Minnesota Valley acted “unlawfully and unreasonably” by threatening the tribe.