State justices overturn decision on Pope County casino
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Arkansas Supreme Court rules that the state legislature and the Arkansas Racing Commission acted in line with the constitution. The ruling invalidates the application from Mississippi casino operator Gulfside Casino Partnership to build and operate a casino in Pope County. A state official says the matter will be decided in the coming weeks. The initial case was brought by Gulf side in 2019 after its license application was denied by the Racing commission. It was because its letter of support was signed by former Pope county judge Jim Ed Gibson just days before his term expired. Cherokee Nation Businesses later submitted an application to the commission after gaining support from Ben Cross, the current Pope counties county Judge.
The Arkansas Supreme Court has issued a mandate to the lower court ordering the case reversed and dismissed. Cherokee Nation Businesses' attorney Dustin McDaniel says CNB is ready to start building. The community will have to wait for Cherokee's application to work its way back through the Racing Commission. Amendment 100 to Arkansas Constitution allows expansion of gambling operations at racetracks in Hot Springs and West Memphis into full-fledged casinos. It also allows the Commission to issue one casino license each in Jefferson and Pope counties. . .. In May, Fox ruled that the state Racing. Commission rule and Arkansas Code Annotated 23-117-101(b) require that endorsements come from local officials in office at the time of application for a license.
Baker, Shawn Womack, Rhonda Wood, and Special Justice Jim Spears ruled to reverse and dismiss the case. Justices Courtney Hudson and Barbara Webb dissented. Chief Justice Dan Kemp did not participate. Amendment 100 said a casino applicant must have a letter of support from "the" county judge. The court interprets that to mean one must be an applicant to obtain the letter. Amendment100 grants and "mandates" rule-making authority to the state Legislature and the Racing Commission.
The Racing Commission changed the rules on the application for a casino gaming license after Gulfside submitted its letters of support. Hudson and Webb dissent. The General Assembly passed Act 371 of 2019 on March 5, 2019. It is in conflict with Amendment 100. The opinion is not binding. A county judge is the chief executive officer of the county government. He or she is required to sign the letter of approval. In Hudson's opinion, she says the interpretation of Amendment100 was changed after the Gulf side submitted the letters. She calls the change unfair. "The text of amendment 100 at issue is clear"
