UPDATE 1/20/23 at 8:48 a.m.: On Tuesday, Jan. 17, CNB met for a regular meeting, where Chuck Garrett, CEO, CNB, commented on the situation. “We expected (Fox to rule against us, and he did,” Garrett said, according to a news release. “We immediately filed with the Arkansas Supreme Court, where we are 4-0. We are confident that we have the arguments and the facts on our side.”
Tim Griffin, Arkansas Attorney General, also commented on the situation in a news release. “The issuance of the Pope County casino license by the Arkansas Racing Commission was legal in all respects,” Griffin said. “I look forward to advocating for that position before the Arkansas Supreme Court.”
UPDATE 1/13/23 at 4:25 p.m.: This afternoon, CNB filed a Notice of Appeal to the Arkansas Supreme Court. “After a lengthy circuit court process, we are eager to move forward. We remain very confident in our legal position and have filed a Notice of Appeal to the Arkansas Supreme Court. We will also seek an expedited briefing schedule in hopes of a timely decision and final resolution of this matter,” Dustin McDaniel, legal counsel for CNB, said.
UPDATE: Chuck Garrett, CEO, CNB commented on the ruling: “While the circuit court’s ruling is disappointing, in the interest of forward progress, we are pleased to have a decision. We remain confident in our legal position and will move quickly to have our appeal heard by the Arkansas Supreme Court.”
Tim Fox, the Pulaski County Circuit Judge, has voided Cherokee Nation Business’ (CNB) attempt to put Legends Casino Resort LLC in Russellville.
Fox ruled against CNB, Legends Resort & Casino LLC and the Arkansas Racing Commission on Jan. 12, ruling in favor of the plaintiff, Gulfside Casino Partnership. Gulfside Casino Partnership was originally awarded the license by the Arkansas Racing Commission but later lost the license due to the Arkansas Supreme Court’s ruling. For more information about Gulfside Casino Partnership’s original initiative, read this earlier article from September 2021.
The motion for summary judgment was filed on March 1, and was granted because Legends Resort and Casino had no prior experience in conducting casino gaming – which is required by Amendment 100, section 4, and was not a qualified casino applicant – which is defined by Amendment 100. Another reason for this decision are that the Arkansas Racing Commission jointly issued a Pope County casino license to Legends Resort and Casino, LLC as well as CNB. CNB did not have a casino license pending, leading to a rejected application. In addition, the Arkansas Racing Commission’s joint license was found facially violative of Amendment 100, which states that single casino license applications are necessary.
Due to the above reasons, the Pope County casino joint license has been reversed, and on Nov. 12, was declared void of no effect.
Construction at the site has not started yet due to court challenges, however, Pope County was one of the four places authorized for casino gambling in 2018. State voters voted for the approval of the constitutional amendment in 2018, and because of this, casinos are currently operating in Hot Springs, West Memphis and Pine Bluff.
“Gulfside remains committed to building a first-class entertainment destination in Pope County and bringing good-paying jobs and economic development to Arkansas, and this ruling that Legends was not qualified is a step in that direction,” Lucas Rowan, attorney for Gulfside Casino Partnership, said.
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