PROPOSED CASINO: Not happening for now.

Pulaski County Circuit Judge Tim Fox has voided the the Cherokee Nation’s license to put a casino in Russellville.

Fox ruled against the Cherokees based on a seemingly technical challenge. Plaintiff Gulfside Casino Partnership, which was initially awarded the license by the Arkansas Racing Commission before the Arkansas Supreme Court ruled against it, argued that Legends Resort & Casino LLC was not a qualified applicant, according to Amendment 100 of the Arkansas Constitution, because it had no prior casino experience. The Cherokees argued that Cherokee Nation Business, which has years of casino experience, is the sole member of Legends LLC.

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Hunter Field, in the Arkansas Advocate, reported earlier this year that Dustin McDaniel, an attorney for the Cherokee Nation, had filed a judicial ethics complaint against Fox in the case — presumably over his delay in issuing a ruling in the case. All pleadings were completed eight months ago. A judicial ethics complaint was confirmed, but specifics of such complaints aren’t revealed unless resolved by disciplinary action.

The Supreme Court has already overturned Fox once on his interpretation of whether Gulfside or the Cherokee Nation had the required approval of county officials to get a permit. Gulfside claimed approval by an official no longer in office when the application for a permit was filed. The Supreme Court validated the Cherokee Nation’s argument that approval of the county judge in office at the time the application was filed was required. Fox also had tried unsuccessfully to transfer this case to Pope County. Local casino opponents have also lost in a different court in their effort to prevent the issuance of a permit in the county.

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No construction has begun because of the court challenges. Pope County was one of four sites authorized for casino gambling by state voters in approval of a constitutional amendment in 2018. Casinos are operating in West Memphis, Pine Bluff and Hot Springs.

Max Brantley offered this prediction earlier this year:

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If I were to speculate, based on the record to date, I’d speculate that Fox will eventually side with Gulfside again. The Cherokee Nation, which has promised nearly $40 million in local development money when it is ready to operate, will appeal. The Supreme Court will reverse Fox again.

Lucas Rowan, attorney for the Gulfside Casino Partnership, had this to say:

“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.”

Chuck Garrett, CEO, Cherokee Nation Businesses offered this statement:

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“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.”

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