Mike Goad
December 8, 2021
Legends has filed a rebuttal response to Choctaw’s motion to Intervene in Gulfside’s lawsuit over Legend’s qualifications to operate a casino (60CV-21-1653). Here’s the opening paragraph:
Filing its Motion to Intervene over eight months after another unqualified applicant – Gulfside Casino Partnership (“Gulfside”) – filed its Petition, Choctaw Nation regurgitates Gulfside’s deeply flawed argument over Legends’ casino gaming experience and requests intervention because it operates a casino some 100 miles away from Pope County that might lose business when a casino opens in Pope County. The Choctaw Nations’ motion makes little pretense to cover its true, sole interest in this matter: delay. At this point, the Choctaw Nation’s standing to intervene is no different than Gulfside’s standing to bring this APA appeal. Neither are qualified applicants, and neither ever will be. They have no legally recognizable interest in whether a casino commences operation in Pope County (Amendment 100 already decided that question.) Nor do they have any legally recognizable interest in who the ARC selects to operate the Pope County casino. This case should be dismissed for lack of subject-matter jurisdiction, and the Choctaw Nation’s Motion to Intervene should be denied as moot.
For those inclined to read the whole thing, here’s a link: http://pope-county-casino-info.com/wp-content/uploads/2021/12/CNBs-response-to-Choctaws-motion-to-intervene.pdf
Mike Goad
December 8, 2021
Lawsuit filed over casino license for Pope County, contending Cherokee firm lacks experience
A lawsuit filed Tuesday asked the Pulaski County Circuit Court to issue a temporary restraining order halting any movement on a casino in Pope County until the question of whether Legends Resort and Casino has casino experience can be answered.
The case — filed by John “Cliff” Goodin in the courtroom of Pulaski County Circuit Judge Tim Fox — also takes issue with how the license recipient’s name is listed on the gambling license issued last month.
Dustin McDaniel, Cherokee Nation Businesses’ attorney, said the Pope County license was issued “properly and consistently” with Racing Commission rules and “CNB’s application.”
“We are confident in our legal position and will work quickly to dismiss this new lawsuit which rehashes old allegations already addressed by the Arkansas Racing Commission, not to mention the Commission’s expert consultant which found CNB to have superior experience,” McDaniel said.
When asked for comment about the legal challenge, Racing Commission spokesman Scott Hardin said the commission was aware of the complaint made in Tuesday’s filing, and that “a very similar issue is pending before Judge Fox.”
Mike Goad
December 7, 2021
Few, if any, of the JPs are members of PCM. If we want to tell them something we need to use other means.
Here are the email addresses for all of the JPs. (I email all of my open letters to all of them, plus the county judge and select media.)
jason.muncy@popecountyar.gov,
phaney8994@gmail.com,
jennifer.sloan@popecountyar.gov,
tim.whittenburg@popecountyar.gov,
jackie.heflin@popecountyar.gov,
jamie.jackson@popecountyar.gov,
roy.reaves@popecountyar.gov,
doug.skelton@popecountyar.gov,
bill.sparks@popecountyar.gov,
Allan.George@popecountyar.gov,
joseph.pearson@popecountyar.gov,
david.ivy@popecountyar.gov
Other info: https://www.popecountyar.gov/justices-of-peace
Zoomable Google map of JP Districts: https://www.popecountyar.gov/justices-of-peace
Mike Goad
December 7, 2021
Last Thursday, the quorum court tabled their proposed (and moot) ordinance on casino applicant letter and/or resolution of support.
However, there was more drama later in the meeting.
Apparently, the part-time county attorney position that has been there for decades had never been established by any ordinance and, at the last budget meeting, it was defunded, stupidly, because of that. During the quorum court meeting, Jennifer Sloan tried to rectify that with an ordinance, which was seconded by Jackson. Before it could get a first reading, Lane Scott interjected with a “point of order.” They ended up talking about it and someone brought up that it should go through the normal personnel process. Someone else mentioned declaring an emergency and getting it done that meeting. Sloan said that’s what she was hoping for. Judge Cross tried to corral things and get back on track so they could get out of there before the parade crowds and parking started blocking everything. Before he could get it to a first reading vote, Jackson withdrew his second and the Ordinance died for lack of a second.
Following the meeting:
County attorney resigns after JPs decline funding position
Pope County Attorney Deidre Luker resigned Thursday following the December Quorum Court meeting after Justices of the Peace declined to fund her position in 2022.
“I had to give 30 days’ notice according to the terms of my contract,” Luker said Monday. Her tenure as county attorney will end on Jan. 2.
Luker had no comment on the JP’s actions.
In her letter of resignation, she thanked County Judge Ben Cross for giving her the opportunity to represent the county during the past year.
“It has truly been a pleasure to represent Pope County and I appreciate the confidence you have shown in me,” Luker wrote. “If your office, the Quorum Court, or any of the other elected officials need legal assistance in the future, I hope you will consider allowing me to represent you all again.”
Mike Goad
December 6, 2021
I keep finding stuff.
I know much of this is now history and moot, but I keep finding interesting stuff.
On December 27, 2018, State Senator Breanne Davis sent a letter “on a matter of significant importance” to Attorney General Leslie Rutledge, who declined to give an opinion because of ongoing litigation.
Our incumbent County Judge did not seek reelection. He will leave office at the end of his term, which is approximately 4 days from now. He has held no hearings nor offered any indication that he is in private negotiations with or in support of a small casino operator from Mississippi until the last couple of days. However, the incumbent County Judge has now indicated with great seriousness to Pope County citizens that he is strongly considering signing a letter to the Arkansas Gaming Commission endorsing this small operator to proceed with the casino license application process… My sincere hope is that the County Judge will not sully his more than 30 years of service to the County with such last minute defiance of the clear will of the citizenry.
That “small operator” that Senator Davis was referring to, of course, was Gulfside.
… and they went on to show just how “small” they are.
Mike Goad
December 5, 2021
It’s been long and, sometimes, frustrating, but it is coming!
My recommendation from over two years ago:
Mike Goad
December 4, 2021
Russellville Courier
Pope County Justices of the Peace kicked the casino can of worms into next year Thursday when they voted to table the third and final vote on an ordinance which would put casino applicant approval to a vote of the people.
The JPs were to supposed hear the third and final reading of an ordinance requiring a vote of the people in either a general election or a special election to either approve or deny the elected official(s) support of a casino applicant applying for a casino license within Pope County before any required support letter or resolution for a casino applicant.
However, JP Allan George moved that the ordinance be tabled until January due to ongoing litigation.
The meeting opened with Pope County resident Jon Berganini speaking out against the ordinance. Berganini noted that the similar ordinance, 2018-042, was found to be illegal.
“If you have not had the county attorney review this or discussed it with them, you need to,” he said. “A casino license has been issued to a viable applicant. You don’t need to be playing these mamby-pamby games. Just let it go and move on.”
The motion to table the casino-related ordinance passed 8-4, with JPs Jackie Heflin, Roy Reaves, Tim Whittenburg and Philip Haney voting against the motion.
JP Doug Skelton was absent.
Mike Goad
December 3, 2021
Barring unforeseen circumstances, Legends Resort & Casino Arkansas SHOULD be in operation by the middle of May 2023.
For those who are wanting to actually see progress, this (text) is from the application for the license that Legends/CNB was awarded.
Note: the image is not from the application.
Mike Goad
December 2, 2021
Well, at least I got something “concrete” done today. (and even watched part of the disappointment of a quorum court meeting)