THE REVERE ADVOCATE - Friday, July 19, 2019 Page 7 ENCORE | from page 1 July 11 and received a payment that was calculated using six to five odds whenever he was dealt a blackjack. However, according to state law, the Massachusetts Gaming Commission and the rules of blackjack, players are entitled to payouts with odds of three to two. Using a $50 bet as an example, Garick said a player would be entitled to a $75 payout using three to two odds. Yet, odds of six to five would only produce a $60 winning. “This is designed to maximize the casino’s advantage far in excess of that which is permitted under either variation of Blackjack that is approved by the Massachusetts Gaming Commission,” said Garick. He also said that Schuster was shorted on the slots as well. “At the conclusion of a gambling session, any un-wagered chips or credits are supposed to be refunded to the customer,” said Garick. However, Encore only refunded Schuster with whole dollar amounts. “Thousands of class members were subject to the same deception, and all involve common questions of law and fact,” said Garick. Therefore, the lawsuit charges the casino with counts of Breach of Contract, Promissory Estoppel, Unjust Enrichment and Conversion/Theft. Should Encore be found Annoyed by the Noise Board of Health votes to hold Wheelabrator accountable for alleged noise violations; stiff fines and revocation possible w/ Guests: CHARING CROSS Friday, July 26 at 8:30 PM NO SHOES NATION Saturday, July 27 at 9PM INTO THE FLOYD GILMOUR'S BREAKFAST Kenny Chesney Tribute Show Saturday, August 24 at 9PM Direct from Las Vegas THE ULTIMATE ALDEAN EXPERIENCE guilty of Conversion/Theft, Schuster and the other plaintiffs would be entitled to collect treble damages. A judgement is not expected to be rendered until July 2021. In addition to a trial by jury, the plaintiffs are seeking “actual and statutory damages, dine drink gather an order enjoining the defendants from continuing to engage in the unlawful conduct alleged herein, attorneys’ fees and costs to plaintiffs and the class.” In addition to Encore, Wynn MA, LLC and Wynn Resorts LTD are listed as defendants. enjoy Friday, July 19 at 9 PM THIRD MAN IN Saturday, July 20 at 9 PM Led Zeppelin Tribute Show IN THE LIGHT TAKING A STAND: The Saugus Board of Health voted “to hold Wheelabrator accountable” for 10 days of alleged noise violations at its trash-to-energy plant on Route 107 in Saugus. (Saugus Advocate Photos by Mark E. Vogler) Coming September 14th Boston's legendary.. THE By Mark E. Vogler H eavy fines and a shutdown of Wheelabrator Technologies, Inc.’s trash-to-energy incinerator are the worst-case ramifications of recent enforcement action initiated by the town’s Board of Health in the wake of numerous noise complaints that date back to mid-June. At a Wednesday night meeting to discuss the complaints, members heard testimony from residents and received a legal briefing before voting 4-0 to issue a show cause notice for Wheelabrator officials to appear at the board’s Aug. 5 meeting to explain what happened, why it happened and what they are going to do to keep it from happening again. “We are not going to turn a blind eye to this,” Board of Health Chair William Heffernan promised, as he addressed a handful of residents who showed up in the Community Room of the Saugus Public Library. “We’ll pursue all legal action to hold Wheelabrator accountable,” Heffernan said. Wheelabrator was invited to – but didn’t attend – what Heffernan described as “an impromptu meeting” he called “to address very contentious noise that was reported over a period of 10 days emanating from the Wheelabrator facility.” Attorney George Hailer, special counsel to the Town of Saugus on Environmental Affairs, advised the board he believes Wheelabrator’s failure to notify the public about the noise ahead of time and the prolonged disruption it caused for residents violated state laws, the Saugus bylaws and Board of Health regulations. “This statue states that an emission of noise of this magnitude is of sufficient intensity to cause an emission of air pollution,” Hailer told the board, referring to alleged violations of 310 CMR 7.10. “From our estimate, it could be in the range of $600,000,” Hailer said of the total fines he believes Wheelabrator could be facing for violating NOISE | SEE PAGE 14 state laws – some that carry a $25,000 fine per violation. As for violating town bylaws, Wheelabrator could also face a possible suspension or modification of its site assignSTOMPERS Advance Tickets Now on Sale at: www.breakawaydanvers.com 221 Newbury Street, Danvers For Tickets call (978) 774-7270 or www.breakawaydanvers.com J& • Reliable Mowing Service • Spring & Fall Cleanups • Mulch & Edging • Sod or Seed Lawns • Shrub Planting & Trimming • Water & Sewer Repairs Joe Pierotti, Jr. S LANDSCAPE & MASONRY CO. Masonry - Asphalt • Brick or Block Steps • Brick or Block Walls • Concrete or Brick Paver Patios & Walkways • Brick Re-Pointing • Asphalt Paving www.JandSlandscape-masonry.com • Senior Discount • Free Estimates • Licensed & Insured 617-389-1490 Designing and Constructing Ideas that are “Grounds for Success” Landscaping
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