Artist’s rendering of the proposed Wynn Everett Esplanade and Winter Garden.

By David R. Smith

The city is not looking to gamble on the odds of whether Everett will be awarded the region’s sole casino license.

The Board of Aldermen voted at the end of January to support Mayor Joseph Curtatone’s request to the state Executive Office of Energy and Environmental Affairs (EEA) to reconsider its approval of Everett’s 20-year municipal harbor plan, which includes accommodations for developer Steve Wynn’s plans for a casino resort and 19-story hotel on the Mystic River across from Assembly Square. The EEA rejected the request, so the BOA approved $15,000 at its April 27 meeting to retain attorney Steven Leonard, who specializes in environmental law, in order to appeal the rejection to Superior Court.

“Our opinion is there was a rush to judgment on that, and it wasn’t properly vetted,” City Solicitor Frank Wright told the board in reference to the approval of the plan.

Wright said the $15,000 was not a set fee for the legal services, nor was it a cap on what the appeal might cost to pursue.

“Once you get into litigation, you don’t know where you’ll end up,” he said.

The board also approved $50,000 to pursue arbitration with Wynn’s company in Somerville’s capacity as a surrounding community after failing to come to an agreement by the required deadline. Wright said the arbitration would begin this week and should be concluded, one way or the other, by the end of May.

“It will be a very intensive process,” he said.

Both legal efforts, board members and Wright acknowledged, may ultimately be unnecessary should the Wynn proposal, which is in competition with Mohegan Sun’s plans to build a casino on the Revere side of Suffolk Downs, fail to receive approval by the Massachusetts Gaming Commission, which is expected to reach a decision by August.

“The crazy thing is that under the law, even though Wynn has not yet gotten the license, we have to go through this hoop,” BOA President Bill White said. “It will be possible for us to go through this hoop, go through arbitration and get whatever award there is, and then if Wynn is not selected by the casino commission to have that license, it’s sort of all for naught.”

Ward 2 Alderman Maryann Heuston echoed that sentiment.

“It’s ironic we have to go down this road, and they may not even be a contender in this whole scenario,” she said,” but I guess we have to do it this way.”

Ward 6 Alderman Rebekah Gewirtz wondered whether such a relatively small amount would be effective when dealing with Wynn’s considerably deeper pockets. She described the situation as a “David versus Goliath scenario.”

“This seems like a small amount of money given what we’re up against,” she said. “We’ve made a good-faith effort towards resolution, but that hasn’t happened yet.”

Wright noted that the work to stop development of the casino, or to ensure the city is fairly compensated should the Everett plan be selected, has involved many city employees – and not just lawyers – who have worked many hours on the effort.

And in reference to Gewirtz’s comparison, he noted, “If you remember David and Goliath, David did win.”