The old bridge over Illinois Bayou on Highway 7.
“Lost” three-span pony truss bridge over Illinois Bayou on AR 7 just northwest of Dover.
“Lost” means that the bridge doesn’t exist anymore.
The bridge was built in 1933 and replaced in 2003.
Design: Three riveted, 10-panel Parker pony trusses
Dimensions
Length of largest span: 102.0 ft
Total length: 444.8 ft
Deck width: 23.9 ft.
There are currently two cases left related to the Pope County casino.
I know the status can be confusing so I created this graphic to show the current status.
The plaintiffs (and their intervener) in the Gulfside case:
- GULFSIDE still wants the casino license that it was awarded and then lost when the Arkansas Supreme Court overturned Judge Fox’s ruling that Jim Ed Gibson’s letter of support was valid.
- CHOCTAW is still fuming that it never got picked for the casino license. It claims that the Legends casino would be financially detrimental to its Oklahoma casino at Pacola, but that’s flimsy and any impact of a Pope County casino on Pacola would be the same no matter who operates it… unless it’s a Choctaw casino. Choctaw is simply a “rejected suitor” trying to spoil things.
The plaintiffs in the CFABPC /Knight case
- CITIZENS FOR A BETTER POPE COUNTY and JAMES KNIGHT are simply against any casino in Pope County.
They started out with a local initiative that passed and became Ordinance 2018-O-42, requiring that the judge and/or quorum court get permission from the voters before providing support documents for any casino applicants. That ordinance was found to be unconstitutional.
They have filed several lawsuits related to the casino and never won.
They are also the folks behind FAIRPLAY FOR ARKANSAS 2022, a failed attempt to get their initiative to remove Pope County from Amendment 100 on the 2022 general election ballot. That attempt was mostly funded by CHOCTAW.
It is thought that they were also behind the dark money political campaigns in 2000 & 2022 against several local county officials, funded, of course, it is believed, by CHOCTAW.
Civilian Conservation Corps—Camp Victor workers on new forest service road in northern Pope County (1936)
Department of Agriculture, Forest Service photo from the National Archives.
(click on the image to open pdf)Here is the Arkansas Racing Commission‘s Reply Brief in the case I like to call Gulfside 2.0.
Note: This is the last brief that needed to be filed. Now we wait to see what the Supreme Court does.
Major points from their perspective:
- Neither a statute about horse racing, the Racing Commission’s actions, nor vague notions of due process requires notice and hearing for APA review
- The Appellees do not have an independent cause of action, though they must have one to seek declaratory relief, and invoking the words “ultra vires” and “unconstitutional” are not enough
- The Racing Commission did not act illegally or unconstitutionally, so sovereign immunity bars this action
- Neither the Choctaw Nation’s unavoidable speculative injury nor Gulfside’s wish that it had the Pope County license confers standing
- The Racing Commission properly awarded the license to an applicant that demonstrated casino-gaming experience
ARGUMENT (from the brief)
This case should be decided in favor of the Arkansas Racing Commission; Cherokee Nation Businesses, LLC (CNB); and Legends Resort and Casino LLC for four reasons: (1) there is no subject-matter jurisdiction under the Arkansas Administrative Procedures Act (APA), (2) there is no subject-matter jurisdiction under the declaratory-judgment statute, (3) Gulfside Casino Partnership and the Choctaw Nation do not have standing, and (4) the Racing Commission properly awarded the Pope County casino license.
First, for subject-matter jurisdiction to exist under the APA, the law must require notice and hearing before the agency’s decision. Neither the Appellees nor the Appellants have found any such requirement here.
Second, to bring a declaratory judgment, the party must have an independent cause of action. The Appellees have never identified one.
Third, to have standing, a party must point to a specific action that caused it a specific injury. The Appellees have not identified such an act or injury because they can never be a qualified applicant for the Pope County casino license and would have the same so-called “injury” no matter who is awarded the license.
Fourth, Amendment 100 gives the Racing Commission discretion to craft how an applicant can demonstrate casino-gaming experience. That discretion includes the ability to peek behind the curtain to see who is running the show. The Appellees do not dispute this.
CONCLUSION (from the brief)
For these reasons, and all those in the Appellants’ opening briefs, the Racing Commission asks the Court to vacate the order below and dismiss the case for lack of subject-matter jurisdiction. Alternatively, the Racing Commission asks the Court to reverse the circuit court’s order granting summary judgment and affirm the Racing Commission’s finding that CNB and Legends demonstrated casino-gaming experience
Summary (in a comment on Facebook)
The Racing Commission lawyers (Attorney General’s office) says:
- Gulfside and Chocktaw were WRONG when they said there had to be a hearing when Legends got the license.
- Gulfside and Choctaw didn’t say what needed to be done if they won
- The ARC can’t be sued if they didn’t do anything illegally or unconstitutionally
- Just because Choctaw might suffer financially doesn’t give it standing.
- Just because Gulfside wishes it had the license doesn’t give it standing.
- The Racing Commission correctly awarded the license.
Photo original caption: “This building was the Pope County Courthouse, in years before the change of the county seat to Russellville in 1888. Here such men as W. H. Pynter and Reece Hogan were familiar figures.”
The photo was originally published in The Courier-Democrat, Sept. 6, 1933.
Also, the county seat was moved in 1887, not 1888.
The article about the building’s demolition is from the Judsonia Weekly Advance, April 4, 1917.
The article has the wrong date for the move of the county seat to Russellville. It wasn’t 1884. The vote that moved it was March 19, 1887, but it was tied up in litigation until June.
Pope County Majority has had 100 new members join in the last 3 weeks.
Welcome to all the new members!
Facebook keeps nagging the admins to welcome new members with a post, virtually every day. Posting that often would be annoying.
(Google Street View September 2019)
Source: Butler Center for Arkansas Studies. Central Arkansas Library System
(no location in town provided)
(Click on the image to open pdf)
Note: this extension is not a result of anything that CFABPC or Jim Knight did. The court reporter apparently associated with hearings of this case had issues in another case, was dismissed, and surrendered her license. In the order, the judge wrote, “While the Court is in the process of obtaining the services of a substitute court reporter to take over some or all of the required transcribing for the former court reporter, the Court has not yet obtained those substitute court reporting services.”
This is the Judge’s order granting an extension requested by the plaintiffs for lodging the appeal with the Arkansas Supreme Court.
(Click on the image for pdf of the brief)
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.