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A Wynn Resorts subsidiary must face trial over allegations that it misled the former owner of the Encore Boston Harbor casino site into reducing the property’s sale price by $40 million, following a Massachusetts Appeals Court ruling on Friday.

Justice John Englander of the state’s intermediate-level appeals court denied Wynn MA LLC’s bid for a mid-case appeal. Wynn had sought to challenge Middlesex County Superior Court Justice Kenneth Salinger’s earlier decision rejecting summary judgment in the case.

Unique Questions of Law and Fact

Justice Englander ruled that Wynn failed to present a sufficiently significant legal issue to justify an interlocutory appeal. The case, he noted, hinges on "fairly unique facts" and involves "mixed questions of law and fact" that require resolution at trial.

The lawsuit, filed in 2018 by FBT Everett Realty LLC, alleges that Wynn misrepresented the concerns of the Massachusetts Gaming Commission (MGC) to pressure FBT into selling the land for $35 million, down from an original price of $75 million.

Alleged Misrepresentation

FBT claims Wynn overstated the MGC's concerns about a convicted felon’s potential hidden ownership interest in the property. According to the lawsuit, Wynn used this representation to convince FBT to accept the reduced sale price.

In his earlier ruling, Justice Salinger concluded that a fact-finder could reasonably determine that Wynn’s statements influenced FBT’s decision to lower the price.

Legal Counsel

FBT Everett Realty LLC is represented by Christian G. Kiely, Howard M. Cooper, and Ian Pinta of Todd & Weld LLP.

Wynn MA LLC is represented by Samuel M. Starr, Caitlin A. Hill, and Michael P. Molstad of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

FBT’s attorney, Christian Kiely, expressed satisfaction with the appeals court’s ruling, stating, “We look forward to presenting our case