Cherokee National Businesses and Pope County have filed a new lawsuit aimed at preventing Gulfside Casino Partnership from building a casino in Pope County.

As it stands, Gulfside, a Mississippi casino operator, has a permit from the Arkansas Racing Commission to build a casino in Pope County. A Cherokee entity that also sought the permit, Legends, is challenging that decision.

Advertisement

The new lawsuit, with County Judge Ben Cross representing the county, seeks an order to stop Gulfside from building a temporary casino annex as legal contests continue. Gulfside has sought approval from the city of Russellville for a temporary casino annex, much like the Choctaw Quapaw tribe built in Pine Bluff ahead of its full casino. This project was not a part of Gulfside’s permit application or on property specified in the casino permit, the new lawsuit says. In the case of the Quapaw casino, the initial annex WAS part of the licensing decision.

The complaint reasserts the argument that Legends is the only legitimate casino applicant because it was the only applicant with approval from the current county judge. Gulfside relied on approval from a county judge who left office before the casino permit application period opened. That legal question remains under appeal in a separate case in which the Cherokee Nation has so far tried unsuccessfully to intervene.

Advertisement

The Cherokee, in addition to appealing Circuit Judge Tim Fox’s denial of intervention in the suit about interpreting local approval of a casino applicant, has an administrative appeal pending of the Racing Commission decision. If it loses, it will then sue. The latest action seemingly would just guarantee continuation of the status quo — no casino in Pope County.

The Cherokee Nation issued these statements:

Advertisement

“Pope County deserves a responsible operator that has a stellar track record of keeping promises made to communities, employees and local vendors. While there are many legal proceedings left in this process, our commitment to Pope County and securing the casino license has never been greater. We remain grateful for the exclusive and unwavering support of Pope County Judge Ben Cross and his commitment to securing the best fit for Pope County pursuant to Amendment 100. We also want to thank the community at large for the continued outpouring of support. We take to heart each letter, e-mail and social media message received, as well as every conversation had at our office in downtown Russellville.” – Chuck Garrett, CEO, Cherokee Nation Businesses

 

 “Today, Cherokee Nation Businesses and Pope County jointly filed a lawsuit in Pope County Circuit Court asking a judge to prevent Gulfside Casino Partnership from attempting to build a downsized casino that is not authorized under any casino license, was not included in their application nor presentation to the Racing Commission, and is not even located on the same property connected to their original proposed project. In July, we presented evidence to the Commission that questioned Gulfside’s intent or ability to construct or operate the proposed project. In response, Gulfside’s attorney stated that the license could be revoked by the Commission if Gulfside does not build what they promised to build. Nonetheless, only weeks later, Gulfside presented to the City of Russellville’s Planning Commission project plans for a significantly smaller casino with no hotel at all. Either Gulfside believes their license will allow this version of a casino or they believe the Commission will take action to allow it. The County and CNB are asking a court to make clear that neither option is legally possible.” – Dustin McDaniel, legal counsel for Cherokee Nation Businesses

I’ve requested a response from Gulfside.

UPDATE: Said its attorney, Casey Castleberry:

Advertisement

“This is an issue for the Arkansas Racing Commission, not the courts. Like Sarcaren in Pine Bluff, Gulfside’s River Valley Annex would provide nearly 300 jobs and millions in revenue for the City of Russellville during the construction of our first-class resort. This lawsuit has no merit and would only serve to stifle future economic growth.”

 

 

Advertisement

50 years of fearless reporting and still going strong

Be a part of something bigger and join the fight for truth by subscribing or donating to the Arkansas Times. For 50 years, our progressive, alternative newspaper in Little Rock has been tackling powerful forces through our tough, determined, and feisty journalism. With over 63,000 Facebook followers, 58,000 Twitter followers, 35,000 Arkansas blog followers, and 70,000 email subscribers, it's clear that our readers value our commitment to great journalism. But we need your help to do even more. By subscribing or donating – as little as $1 –, you'll not only have access to all of our articles, but you'll also be supporting our efforts to hire more writers and expand our coverage. Take a stand with the Arkansas Times and make a difference with your subscription or donation today.

Previous article Today’s news — hypocrites and stuff — and the open line Next article Joyce Elliott compares French Hill attack ads to ‘moody teenagers’