The Nevada Supreme Court has reversed the decision of a lower court that held state gaming regulators had no right to deem former casino mogul Steve Wynn unsuitable to hold a gaming license.
The case stemmed from the Nevada Gaming Control Board’s complaint in 2019 asking that Wynn be declared unsuitable for a state gaming license, due to reports of inappropriate relationships with subordinates, unwanted sexual advances and sexual harassment when he was chairman of Wynn Resorts. Wynn challenged the decision in court, claiming the board was not authorized to decide the matter because he had given up his gaming license in 2018, shortly after the scandal became public.
Judge Adriana Escobar of the Clark County District Court agreed with Wynn, holding that the board did not have standing to decide on the matter. Last week, seven justices on the Nevada Supreme Court reversed that ruling, holding that Escobar should not have decided the matter because the Nevada Gaming Commission, the final arbiter in gaming matters, had not yet ruled on the gaming board’s recommendation to find Wynn unsuitable for licensing.
The state regulators appealed the ruling, and the high court overturned the decision last week.
“We conclude that the district court lacked jurisdiction to entertain Wynn’s petition,” Justice Abbi Silver wrote on behalf of the state’s high court. “Accordingly, we reverse the district court’s order granting Wynn’s petition and remand this matter to the district court with instructions to dismiss the petition for lack of jurisdiction.”
The court did not rule on the merits of the arguments made by Wynn attorney Colby Williams during the January 3 hearing of the case, in which William argued the regulatory agencies have no authority over Wynn now.
The justices agreed that a judicial review of the Wynn case was “precluded because only final orders may be reviewed, and the district court properly found that the commission’s order is not final.”
Gaming Control Board Chairman Brin Gibson said in a statement the agency was “pleased with the ruling. We are reviewing the decision with legal counsel to determine next steps.”
The gaming board’s complaint will now go back before the Nevada Gaming Commission.
“We’re disappointed that they didn’t reach the ultimate issue, but we’re gratified that all of our arguments can still be presented when we go back to the commission, and then if necessary, back to the court,” Wynn attorney Williams told The Nevada Independent.
