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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.
Patrick Bergin, an attorney for Scotts Valley, rejected that argument, noting the difficulty of converting a site explicitly planned and built for gaming into something like an auto dealership.
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They took the dispute to international arbitration, claiming Laos had violated investment treaties protecting their businesses.
The two sides reached a settlement in 2014, but that agreement also fell apart, and the casino companies renewed their claims.
Ultimately, the gamble backfired.
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Yet tax collection continues to plague the sector’s progress.
Last year, the DRC’s Minister of Finance Doudou Fwamba estimated iGaming operators generated around $1.7 billion in annual revenue, yet contributed approximately $1 million in taxes.
A CEO of a prominent operator in the DRC last year told iGB the tax system largely operates on a declaration basis of how much operators report to the government.
