Best Sunshine seeks to intervene in Marianas Stars lawsuit

Casino license applicant Best Sunshine International Ltd. yesterday asked the Superior Court to allow it to intervene in a lawsuit filed by the other casino applicant, Marianas Stars Entertainment Inc., against the CNMI government.

Best Sunshine International, through counsel Michael W. Dotts, also filed yesterday in Superior Court an emergency motion to dissolve or modify the temporary restraining order that stops Gov. Eloy S. Inos, the CNMI government, the Commonwealth Lottery Commission, and the Finance secretary from either denying or approving a casino license.

Dotts said Best Sunshine International should be allowed into this lawsuit to defend the statute that will make it possible for Best Sunshine to obtain a casino license.

Dotts said the TRO should either be immediately dissolved or immediately modified so that only disbursement of the $30 million deposited by Marianas Stars Entertainment be enjoined if the company is issued the license.

“If at all possible the court should take action before Friday, June 27, 2014, so that if the Lottery Commission is going to act, it can comply with the Open Government Act,” said Dotts in the emergency motion.

Last June 19, Wiseman issued the TRO after Marianas Stars Entertainment filed on that same day the lawsuit and requested a TRO. Marianas Stars, through counsel Sean Frink, asserted among other things, that the company will be irreparably harmed if the TRO is not issued pending the resolution of its case.

Frink said a casino license cannot be issued without the participation of the Casino Commission, which does not exist yet because no commissioners have been approved to serve.

In Best Sunshine’s motion to intervene, Dotts said Marianas Stars, through a preliminary injunction, is seeking to shut down and prevent the government from moving forward with the application process.

The hearing on the preliminary injunction will be on July 1 at 1:30pm.

Dotts said his client has a keen interest in the process for the award of a casino license moving forward in accordance with the law.

Dotts said Best Sunshine paid a $1-million nonrefundable deposit with the CNMI in support of its application and tied up an additional $30 million in an escrow account in reliance on the CNMI following the law and properly awarding an exclusive casino license.

The lawyer said Marianas Stars filed the lawsuit because it knows it cannot have a Saipan casino license relief and therefore it needs to protect the license it has on Tinian.

On the emergency motion, Dotts said if the court does not dissolve or modify its TRO immediately, the intention of the law for the prompt issuance of a casino license and the expeditious release of $30 million from escrow to address public needs will be frustrated, and that tremendous costs will befall Best Sunshine.

Dotts said the Legislature set up the 90-day deadline (June 30, 2014) for the Lottery Commission to award the casino license.

Dotts said the Legislature clearly wanted the $30 million released as soon as possible so that it could go to address public needs.

The lawyer said Marianas Stars is primarily concerned that if it is awarded the license and its $30 million is released, and then the Act invalidated, it will not get back its $30 million.

Dotts said only the Marianas Stars’ $30 million deposit need be enjoined.

“There is no reason to restrain the award of the license,” he added.