Federal Judge Issues Final Judgment for Town of Aquinnah on Remand from First Circuit

Here are the materials in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (D. Mass.):

181 Town Motion for Final Judgment

183 Community Assn Motion

185 Tribe Opposition

196 Tribe Surreply

197 Community Assn Reply

198 State Brief

200 DCT Order

Readers might recall that the circuit instructed the district court to “ent[er] judgment in favor of the Tribe” (link to panel materials here). Here is the district court’s answer to that order:

In summary, the Tribe could have appealed those portions of the judgment that provided that it must comply with state and local permitting and other regulatory  requirements. Instead, it only appealed those portions addressing gaming issues. An amended final judgment in favor of the Tribe as to the gaming issues is of course required. The remainder of the judgment, however, will be reinstated in substance. If the Tribe seeks to construct and operate a gaming facility, it need not comply with state and local gaming laws, but it must comply with all state and local laws and regulations of general applicability to the construction and operation of a commercial building.