Here is the Appellant’s Reply Brief from Cherokee Nation Businesses, LLC and Legends Resort and Casino, LLC, in the case I like to call Gulfside 2.0.
Major points from their perspective:
- The circuit court (Judge Tim Fox) did not have jurisdiction for the litigated subject matter
- Appellees Gulfside Casino Partnership and Choctaw Nation of Oklahoma (intervener) have no standing under Arkansas law for this case
- The Casino Gaming Rules authorize CNB/Legends’ licensing
- No party challenged the Casino Gaming Rules
- The ARC fulfilled its obligations under Amendment 100
CONCLUSION (from the brief)
Legends and CNB’s application detailed the over 100 years of combined casino gaming experience that the association of these two companies with CNE and their officers, directors, employees, and agents bring to bear on the Pope County casino project. It is, among other things, this dedication and depth that convinced Pope County Judge Ben Cross to trust Legends and CNB with his exclusive support for the Pope County casino license. Two out-of-state, unqualified entities lack standing to challenge the administrative (not adjudicatory) decisions of the ARC to consider this application. Especially, when they failed to challenge the agency rules by which the ARC administered and regulated the issuance of the casino license.
For these reasons, the Circuit Court’s Orders should be reversed, and the ARC’s decision should be affirmed.