Going through some photo files for something else, I came across some photos from the day the resolution was passed and the EDA was signed. Legends/CNB and Pope County officially had a contract that evening.
And CFABPC had already filed a lawsuit.
And so it officially began.
This is actually a montage of three photos, all taken in the quorum court meeting room.
From the Arkansas Constitution Art. 5, § 1. Initiative and Referendum:
“…no local legislation shall be enacted contrary to the Constitution or any general law of the State, and any general law shall have the effect of repealing any local legislation which is in conflict therewith.”
Amendment 100:
The Arkansas Racing Commission shall require all casino applicants for a casino license in Pope County and Jefferson County to submit either a letter of support from the county judge or a resolution from the quorum court in the county where the proposed casino is to be located…
(No vote or permission from the electorate is included or envisioned in the amendment; adding such an additional qualification in an ordinance would be contrary to the Constitution.)
From the Ordinance under consideration by the Quorum Court:
“A majority of the registered voters of Pope County, Arkansas, voting in the election must approve and authorize the County Judge to issue any Letter(s) of Support for any Casino Applicant(s) before the County Judge issues any such Letter(s) of Support or substantially gives similar approval or support for any Casino Applicant(s).”
From Judge Pearson’s ruling on Ordinance 2018-O-42, which he found to be in direct conflict with Amendment 100:
“Amendment 100 specifies that the authority and discretion to issue letters or resolutions of support lie with the County Judge and the Quorum Court. Amendment 100 does not place that authority or discretion in the electorate of Pope County.”
Judge Pearson also said:
Ordinance 18-0-42 adds a qualification that was intended to operate and/or has the effect of operating as a bar to the issuance of a letter or resolution of support by the offices charged with that duty: the County Judge and the Quorum Court… because it imposes an additional qualification not found in or authorized by Amendment 100, especially when such qualification could act as a complete bar, Ordinance 18-0-42 is unconstitutional and void.
Judge Pearson also agreed that Ordinance 18-0-42 was unenforceable as an attempt by Pope County to regulate gambling in violation of Arkansas Code Annotated § 14-14-806(4). The same is likely true of the Ordinance currently before the Quorum Court.
Moot, embarressing, meaningless, void, invalid, unconstitutional dead horse.
I continue to pursue this because our Quorum Court JPs in making meaningless ordinances and resolutions reflect poorly upon our county.
Someone had asked a couple of weeks ago about the original presentation submitted by Gulfside and I said I would share it if I came across it.
I came across it. Here’s a link to it for what it’s (not) worth… just a pipe dream now. LOL.
Flogging (or beating) a dead horse refers to pursuing an effort that is futile, a waste of time without the possibility of a positive outcome. The term originated in the UK in the 1800s.
A similar term, riding a dead horse, is attributed to Dakota tribal wisdom that says, “When you discover you are riding a dead horse, the best strategy is to dismount.”
I don’t know which is most applicable, but it certainly seems as though our quorum court is dealing with a dead horse in the ordinance that is on the agenda for a third reading in the next quorum court meeting.
The ordinance (horse) already had one life earlier in the year. It was read three times, put to a vote and tabled three times and, failed to garner enough votes to even be tabled on the fourth attempt.
Resurrected, the ordinance has been read twice and, with the third reading, they can vote on it.
The ordinance restricts, through a vote of the people, the constitutional authority assigned to the county judge and quorum court in providing support documents for a casino applicant. The license has been awarded. There will be no casino applicant to provide a support letter to.
Because the ordinance restricts the constitutional authority of the county judge and quorum court, it is automatically void if passed.
Void, embarrassing, unneeded, moot.
A dead horse, indeed.
(Note: image is adapted from an image of a sleeping – not dead – horse)
Legends/CNB Community EventEconomic Development Fee
Almost 3 years ago, during the public comment period on the Casino Gaming Rules in early 2019, one Pope County citizen wrote:
“It is worth noting, the opposition of this is the same small group of people that have tried to stop all progress in our city for many years. The lawsuit filed against our current elected officials is a good example of the years and years of this same type of effort to keep Russellville a small town. This same small group of people have also tried to stop construction of our Walmart Neighborhood Market, Arbors Assisted Living Facility, Red Lobster, Casey’s General Store and Arkansas Nuclear One.
[Note: Casey’s and Arbors had still not been built at the time of this comment.]
“They will always work to get certain church groups excited and file bogus lawsuits in order to create a mirage that the masses are behind them, when, in fact, a very small amount of people agree with them, but given the large outcry on social media and local media outlets, it’s very apparent that a very large majority disagrees and wants the casino here and the progress it will bring.”
A large number of the letters submitted appeared to be form letters, which all read almost exactly the same. They were all for a rule that required casino applicant support documents be from the current official officials and all opposed a casino in Pope County.
(There were even a few handwritten letters in the mix.)
OMG. I didn’t realize that they had resurrected a dead horse.
Embarrassing and MOOT!
Meaningless, Embarrassing and MOOT!
I just finished going through all of the photos on the Legends Facebook page.
Their first image was the beginning of a countdown on August 7, 2019.
Remember this?
Veterans Day 2019.
