The Alexander Pope County cassino certify inward Arkansas authorized by voters through a 2018 statewide ballot referendum remains in flux.

The Land of Opportunity Supreme Margaret Court last month upheld a get down judge’s ruling that the Land of Opportunity Racing Commission (ARC) wrongly deemed Cherokee Nation Businesses and Legends Hospitality as the winner of the county gambling casino license.

Cherokee Carry Amelia Moore Nation Businesses is the commercial message gaming and hospitality unit of the Cherokee Carry Nation of Oklahoma. Legends is a bowl concessions provider partly controlled past AR native Jerry Jones.

The state’s luxuriously court ruled that ARC erred inwards qualifying the Cherokee/Legends tender because it violated Amendment 100 — the 2018 referendum that legalized a cassino each in the counties of Crittenden, Garland, Jefferson, and Pope. The nation Supreme Margaret Court said Amendment 100 required bids to come in from sole entities, not a syndicate such as the I from the Cherokees and Legend.

There were also effectual concerns raised well-nigh Legends since the accompany has no more experience developing, owning, or operating a casino. Amendment 100 said that only applicants that tin can “demonstrate receive inward conducting casino gaming” should restrict for consideration.

Sides Submit Briefs

ARC picked the Cherokee/Legends tender over ace other qualifying proposal. That rake came from a companion called Gulfside Casino Partnership, a Mississippi-based riverboat operator.

In response to the AR Supreme Margaret Court ruling, ARC asked both sides to subject comments as to how from each one believes the land should go forward inwards further considerations of the Pope County casino license.

Attorneys representing the Cherokees/Legends bid have asked the body politic Supreme Margaret Court to reconsider upholding Pulaski County Circuit Judge Tim Fox’s persuasion that the racing charge shouldn’t hold considered their gambling casino tender. Former AR Attorney General Dustin McDaniel, who is representing the Cherokees, wrote to the Racing Commission that he hopes the Supreme Margaret Court will bring home the bacon further clarification.

“Supreme Court’s opinion is unclear on what steps are required to follow taken next,” McDaniel said.

The Margaret Court focussed its attending exclusively on the come out of having 2 names on the license,” he said. “Twice it speaks of vacating the license that was issued. However, the persuasion remains understood as to whether Legends was a qualified applicant,” McDaniel wrote.

McDaniel said the court’s ruling “leaves open the door to an administrative fix.” That could include the Cherokees and Legends simply resubmitting their conjure as a single entity, Legends Resort and Casino, LLC, McDaniel reasoned.

Attorneys representing Gulfside believe ARC should move backward to the drawing board and lead a secondment bidding round.

Local Support

The 2018 referendum required that bids be accompanied past a varsity letter of living from the county jurist or the county quorum court. That ingredient brought additional legal wrangling into the Pope County casino matter.

The Cherokee/Legends plan has the support of Alexander Pope County Judge Ben Cross. The Gulfside contrive submitted its beseech with a letter of the alphabet of sustenance from Ed Gibson, who issued his patronage to the design just now days before he exited the Pope County justice sit inwards December 2018.

The Cherokees successfully argued in court, inwards a part instance that made its way of life to the Arkansas River Supreme Court, that Amendment 100’s linguistic communication stating that “the” before “county judge” and “county quorum court” refers to the current justice or court, not a former or retired county judge.

Gulfside attorneys trust ARC resetting and conducting a 2d bidding fill out would sort out the airwave and reserve Cross and the Alexander Pope County Quorum Court to reconsider the topper presentation.

“This testament allow all possible cassino applicants to seek local living from Alexander Pope County officials and posit an practical application to be considered on the merits by the Racing Commission,” Gulfside attorney Casey Castleberry wrote.

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