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While Interior agreed that Scotts Valley met requirements regarding its modern ties to the area and the timing of the acquisition, the department ultimately concluded the tribe failed to demonstrate a sufficiently significant historical connection to the land.

In court Friday, DOJ attorney Amber Dutton-Bynum argued that Scotts Valley could not meet the high threshold for irreparable harm required to secure an injunction. She maintained that the tribe knowingly chose to invest in the Preview Casino while its gaming status remained uncertain, as reported by Law360. Dutton-Bynum added that the modular buildings could easily be repurposed for non-gaming commercial uses if the prohibition stands.

Patrick Bergin, an attorney for Scotts Valley, rejected that argument, noting the difficulty of converting a site explicitly planned and built for gaming into something like an auto dealership.

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What is Naija Ludo?

Five years from now, Curwen expects the development landscape – and the studios operating within it – to look markedly different.

“I don’t think the successful studio of the future necessarily has hundreds of people,” he says. “It could be a relatively small group of extremely talented people with great ideas, strong brands and a very good understanding of players, supported by technology that does much of the heavy lifting.”

That would also shift the basis on which studios compete. If sophisticated development capabilities become accessible to a wider range of creators, scale alone becomes less of an advantage.