Gamers want tax petition nullified; proponents raise questions about regulator/NRA coziness

Monday, April 9, 2012 | 3:12 p.m.

The legal wrangling over a proposed gaming tax initiative has grown so intense that the Nevada Resort Association is asking a judge to invalidate the petition while proponents have produced an email they allege shows coordination between an NRA lawyer and a Gaming Control Board analyst.

The recent court filings come in advance of a court hearing slated for Wednesday in Judge Todd Russell’s Carson City courtroom in which the gamers will continue their attempts to gum up the legal works to slow down and perhaps scuttle a signature-gathering drive so that either businessman Monte Miller makes a deal to abandon his petition or a court rejects it.

Miller’s advocate, attorney Maggie McLetchie, argues in court papers that the NRA is simply haggling over a description of effect to delay the process. I have already posted the amazing description of effect the NRA wants here.

I have posted the NRA’s brief at right, along with a couple of McLetchie’s, including one that asks the court to reject the expert witness testimony of state gaming analyst Michael Lawton. McLetchie references an email exchange including Lawton and NRA lawyers in which he refers to gaming attorney Matt Griffin and writes, “I would breakout Carson City, if possible. Matt wants to show the impact the potential 9% tax would have on Judge Russell's hometown."

McLetchie argues this is “(evidencing Mr. Lawton's willingness to help Mr. Griffin influence this Court) While Proponents do not believe that this Court will be improperly swayed by such information, the communication does show that the kind of information the NRA wants to introduce serves no valid purpose.”

Good stuff. And there’s a lot more, including this volley: “Since the day the Petition was filed, the Nevada Resort Association (NRA) has been claiming that the Petition will have dire consequences for the gaming industry and has made clear that it will do whatever it can to kill the Petition. To buttress its attempt to co-opt Proponents' Description of Effect and replace it with gaming industry propaganda, the NRA intends to call two gaming industry insider witnesses to testify as "expert witnesses" at the hearing on this matter.”

It’s worth a read.