The Pope County on line casino license in Arkansas approved by voters by a 2018 statewide poll referendum stays in flux.
A historic marker commemorates troopers from Pope County, Arkansas, who fought within the Civil Battle. The Pope County on line casino license dispute continues, as two bids searching for the gaming concession stick with it their authorized combat in state courtroom. (Picture: Historic Marker Database)
The Arkansas Supreme Courtroom final month upheld a decrease choose’s ruling that the Arkansas Racing Fee (ARC) wrongly deemed Cherokee Nation Companies (CNB) and Legends Resort & On line casino, LLC, because the winner of the county on line casino license.
Cherokee Nation Companies is the industrial gaming and hospitality unit of the Cherokee Nation of Oklahoma. Legends Resort & On line casino, LLC, is absolutely owned by CNB.
The state’s excessive courtroom dominated that ARC erred in qualifying the Cherokee bid as a result of it violated Modification 100 — the 2018 referendum that legalized a on line casino every within the counties of Crittenden, Garland, Jefferson, and Pope. The state Supreme Courtroom mentioned Modification 100 required bids to come back from sole entities, not a consortium such because the one from the Cherokees and Legends Resort & On line casino.
There have been additionally authorized considerations raised about Legends Resort & On line casino because the firm, which was shaped solely to function the CNB Pope County on line casino, has no expertise growing, proudly owning, or working a on line casino — although the Cherokees have a long time of expertise working tribal casinos of their native Oklahoma. Modification 100 mentioned solely candidates that may “display expertise in conducting on line casino gaming” ought to qualify for consideration.
Sides Submit Briefs
ARC picked the Cherokee/Legends bid over one different qualifying proposal. That pitch got here from an organization referred to as Gulfside On line casino Partnership, a Mississippi-based riverboat operator.
In response to the Arkansas Supreme Courtroom ruling, ARC requested each side to submit feedback as to how every believes the state ought to proceed in additional concerns of the Pope County on line casino license.
Attorneys representing the Cherokees’ bid have requested the state Supreme Courtroom to rethink upholding Pulaski County Circuit Choose Tim Fox’s opinion that the racing fee shouldn’t have thought of their on line casino tender. Former Arkansas Lawyer Basic Dustin McDaniel, who’s representing the Cherokees, wrote to the Racing Fee that he hopes the Supreme Courtroom will present additional clarification.
“Supreme Courtroom’s opinion is unclear on what steps are required to be taken subsequent,” McDaniel mentioned.
The Courtroom targeted its consideration solely on the problem of getting two names on the license,” he mentioned. “Twice it speaks of vacating the license that was issued. Nevertheless, the opinion stays silent as as to if Legends was a certified applicant,” McDaniel wrote.
McDaniel mentioned the courtroom’s ruling “leaves open the door to an administrative repair.” That would embrace the Cherokees merely resubmitting their bid as a single entity, McDaniel reasoned.
Attorneys representing Gulfside consider ARC ought to return to the drafting board and conduct a second bidding spherical.
Native Assist
The 2018 referendum required that bids be accompanied by a letter of help from the county choose or the county quorum courtroom. That part introduced extra authorized wrangling into the Pope County on line casino matter.
The Cherokee/Legends plan has the help of Pope County Choose Ben Cross. The Gulfside plan submitted its bid with a letter of help from Ed Gibson, who issued his backing to the plan simply days earlier than he exited the Pope County choose seat in December 2018.
The Cherokees efficiently argued in courtroom, in a separate case that made its method to the Arkansas Supreme Courtroom, that Modification 100’s language stating that “the” earlier than “county choose” and “county quorum courtroom” refers back to the present choose or courtroom, not a former or retired county choose.
Gulfside attorneys consider ARC resetting and conducting a second bidding spherical would clear the air and permit Cross and the Pope County Quorum Courtroom to rethink the most effective presentation.
“This may enable all potential on line casino candidates to hunt native help from Pope County officers and submit an software to be thought of on the deserves by the Racing Fee,” Gulfside lawyer Casey Castleberry wrote.
Correction: An earlier model of this text wrongly referred to Legends Resort & On line casino, LLC, as Legends Hospitality. Legends Hospitality has no authorized involvement within the gaming license litigation.
