A behind-the-scenes factor in this ongoing struggle is the political involvement of the Choctaw Nation, whose casinos include one in Oklahoma, just across the border from Fort Smith. It’s widely believed to have helped in elections that ousted pro-casino members of the Pope County Quorum Court in 2020 and its lobbyists have been arguing that the Racing Commission did not need to award a license to the Cherokee Nation today.
This is from the application. Hob Nob road will run through the property. (page 78 in the pdf)
It looks like part of the property is INSIDE the city limits, but the casino itself will sit on land that is currently in the county. My bet would be that the land inside the city would be where the campground and water park would be.
I have compiled the application that Legends submitted to the Racing Commission into a 26 Mbyte pdf. I obtained it from the exhibits that the counsel for the Racing Commission submitted in the Gulfside case questioning Legends’ qualifications to be an applicant for a casino license. The counsel for the Racing Commission, in this case, is the Attorney General’s office.
I thought others might be interested in looking through the application.
In response to Judge Ben Cross’ decision not to rescind his letter of support for Cherokee Nation Businesses as requested by the Quorum Court resolution I introduced this past Thursday and passed by the Quorum Court. I am very disappointed for the citizens of Pope County as they continue to be subjected to the poor decisions of those elected to serve them and represent their voice in this matter.
It has been repeatedly made clear by a majority of the voters of our County they do not want a casino. Had it not been for the poor decisions of those elected to represent the voters of Pope County by issuing letters of support for casinos we would not continue to deal with the possibility of having a casino forced upon our citizens.
I believe Amendment 100 is clear that before a casino license can be issued there must either be “… a letter of support from the county judge or a resolution from the county quorum court…”. Had the voters in Pope County been better represented by those in a position of power and the letters not been written, there would be no valid casino applicant for the Arkansas Racing Commission to consider.
The county judge has stated that he has tried to rescind Jim Ed Gibson’s letter and was denied that request. There is a difference between rescinding another judge’s letter and rescinding your own letter to the Racing Commission. The judge should do the right thing for the citizens that he represents and rescind his letter to the Arkansas Racing Commission.
I appreciate your continued support and welcome your comments on this matter and other issues that are facing our county. I will continue to work for you and strive to make the best decisions for you and our county.
If anyone is interested in Judge Ben Cross’s statements on the day that the Economic Development Agreement was signed and the Quorum Court passed a resolution of support, I transcribed what he said and posted it in a blog post later in August 2019. It better explains what was done and why than anything I’ve seen written about it since. A video is available from River Valley Now. A link is provided in the post.
I uploaded an ordinance that some members of the quorum court are trying to pass. It’s had a second reading and, at the next meeting, they can read it for the 3rd time and then vote on it.
It is moot and embarrassing for the county because there is no way that this thing can be legal… and it’s basically a do-over of 2018-O42, just reworded.
It seems to me that it is fatally flawed in a couple of ways.
It’s unconstitutional, in my opinion, in requiring a county-wide vote before allowing the County Judge and/or quorum court to carry out their constitutionally assigned power to provide a document of support for a casino applicant. According to Clay McCall’s legal opinion, “This is a constitutional power afforded to the county judge and quorum court and cannot be restricted by legislature or local ordinance. The Arkansas Constitution is the preeminent law of the land. With regards to any conflict between the Constitution and state and local legislation, the Constitution prevails.”
It’s MOOT. The application has been accepted. The letter is in the application. The application would have to be amended which is not provided for in the rules, etc. etc., etc.
The quorum court members should be contacted before the next meeting. This proposed ordinance is fatally flawed in the same way that old ordinance (2018-O-42) was. That one was repealed at the end of October 2019 and ruled unconstitutional the next day by Judge Pearson.
Search Public Records—Use this to search for existing permits, plans, inspections, code cases, requests and licenses.
ReImagine Russellville 2040—September 2020, a narrative report on the Comprehensive Plan for Russellville. The plan serves as an official policy statement of the City of Russellville for directing growth and development within its city limits and planning area.
Litigation
There are currently NO active cases related to the Pope County Casino. There have been 18 cases filed so far, including appeals:
58CV-18-768—Knight v. Gibson; filed 12-27-2018
58CV-19-439—CFABPC & Knight v Cross et al. filed 8-13-2019.
60CV-19-5832—Gulfside Casino Partnership v. ARC, filed 8-15-2019. This was a judicial review of the ARC denial of Gulfside’s application. Judge Tim Fox ruled in favor of Gulfside. This ruling was reversed and remanded by the Arkansas Supreme Court. Fox again ruled in favor of Gulfside. The Arkansas Supreme Court reversed his ruling and dismissed the case.
60CV-19-5858—Knight et al v.ARC, filed 8-15-2019
58CV-19-462—Gulfside Casino Partnership v. ARC, filed 8-22-2019. A week after 60CV-19-5832 was filed in Pulaski County, Judge Tim Fox said the proper venue was Pope County and sent it there, where it was filed under this case number. Judge William Pearson found that the proper venue was Pulaski County. The case was returned to Pulaski County, where it was refiled under the original case number and Judge. filed 8-22-2019
CV-19-968—Gulfside Casino Partnership v. ARC, filed 12-23-2019
60CV-19-9172—CFABPC & Knight v. ARC, filed 12-27-2019
CV-20-145—CFABPC & Knight v Cross et al., filed 3-2-2020
CV-20-211—CNB v. Gulfside, filed 4-2-2020
CV-20-438—CNB v. ADFA, filed 7-8-2020
58CV-20-429—Cross et al. v. ARC, filed 10-13-2020
60CV-21-1217—Legends et al v. ARC et al., filed 2-16-2021
60CV-21-1653—Gulfside v. ARC, filed 3-09-2021
CV-21-289—CNB v. Gulfside, filed 6-28-2021
60CV-21-7742—Goodin v. ARC, filed 12-7-2021
CV-23-50—Legends v. Gulfside, filed 1-26-2023
CV-23-541—Knight v. ARC, filed 8-11-2023
60CV-23-7266—Goodin & Thone v. ARC, filed 9-25-2023
…….
Your voter registration information at Arkansas Secretary of State website: address, party association, ballot statuses, and polling place locations – also all of the districts that are applicable for your location.
Article 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.