The legality of Connecticut’s proposed third casino has been further called into question after the state’s governor asked his attorney general for a formal opinion on the matter.

Earlier this week, the MMCT joint venture of the Mashantucket Pequot and Mohegan tribes selected East Windsor as the site of their new $300m casino project. But lingering questions over the project’s legal standing may render that selection moot.

On Thursday, Gov. Dannel Malloy asked Attorney General George Jepsen (pictured) for a formal opinion on whether the new tribal casino would survive a legal challenge by casino operator MGM Resorts as well as a review by the federal Bureau of Indian Affairs.

The tribes operate the state’s two casinos – Foxwoods Resort Casino and Mohegan Sun – while MGM is constructing its $950m MGM Springfield resort in Massachusetts just across the border from East Windsor. The tribes made no secret of the fact that their joint venture was intended to divert gamblers in northern Connecticut who might otherwise patronize the MGM property.