(I think there’ll be a license for CNB)

None of the applications received in the May application period were reviewed — the Commission already knew they were incomplete, so there was no reason to have the commission’s contracted expert complete the review.

From the transcript of the July 18, 2019, Arkansas Racing Commission meeting (where Gulfside appealed the June dismissal of their application).

MR. FREELAND: Okay. Mr. Castleberry’s raised a point, and he wants the application in the record — and this is for the record also. When we received the applications from Pope County, I sent those to our expert, but I asked him not to review those so the state would not pay his hourly rate to review those five applications to see if they were complete. I was trying to save the commission money since we knew that they did not have the proper letters of recommendation. So the — the commission’s expert and the commission have not reviewed all the applications to make sure that they are complete under the rules and the amendment. So that’s — that’s the status of — of the — those applications at this point.

CHAIRMAN LIEBLONG: But everything will be on the record as far — same thing that we required of Jefferson County in this case. Is that correct?

MR. FREELAND: That’s correct.

CHAIRMAN LIEBLONG: Everyone may be treated equally is the main purpose.

MR. FREELAND: Oh, yes. Right.

CHAIRMAN LIEBLONG: Is that your understanding?

MR. FREELAND: Yes, sir. But I — I was just trying — I didn’t want the state to spend money having applications reviewed when they were insufficient or because of the letter of recommendation.

Having heard of this previously, it was interesting to hear Judge Cross include it in the December 12th meeting between the county and city officials. Talking about potential lawsuits the county was facing during the summer, he said:

“Then you had Gulfside, who came in end of July, first of August, end of July, probably, and basically came in and said, ‘Give me a letter or I’m gonna sue ya,’ and, so, I didn’t do it and, so, he did file suit.”

Later, when talking about the decision process of choosing CNB, he said:

“Terry Green’s already walked into my face and told me, ‘I’m gonna sue if I don’t get my letter, if… you don’t, basically, tell me what you’re gonna support.’ “

Max Brantley, editor of the Arkansas Times, on the Gulfside case has another opinion piece on the Pope County casino issue.

One of the things that Gulfside — and Brantley in his article — has wrong is the idea that “Downstream, which got the permit in Jefferson County, had its letters of support accepted before Racing Commission rules were finalized.”

For the Pine Bluff casino application, Downstream Development, like Gulfside, did submit letters of support from officials whose terms ended on December 31, 2018. However, with their application submitted in May, Downstream submitted letters from officials currently in office in Jefferson County.

Gulfside conveniently ignores this in their filings.

Only Gulfside case is left!
Thanks, Debbie Ann Williams for letting us know!

The following Motions are pending before the court:

• Defendants’ Motion to Dismiss and Brief in Support;
• Plaintiffs Response to Defendants’ Motion to Dismiss;
• Defendants’ Reply to Plaintiff’s Response to Defendants’
• Motion to Dismiss; Plaintiffs Motion for Preliminary Injunction and Brief in Support;
• Defendants’ Response in Opposition to Plaintiffs Motion for Preliminary Injunction;
• Plaintiffs Reply to Defendants’ Response in Opposition to Plaintiffs Motion for Preliminary Injunction;
• A Motion to Intervene filed on behalf of Cherokee Nation Business;
• Plaintiffs Response in Opposition to the Motion to intervene;
• Cherokee Nation Business’s Motion to Dismiss and Memorandum of Law
• Plaintiffs request to Withdraw its Opposition to CNB’s Motion to Intervene

Excerpts from the Courier article

According to Scott Hardin of the State Department of Finance and Administration, in addition to requesting the case remain in Pulaski County, Gulfside attorney Casey Castleberry requested a one-hour hearing before Judge Fox in the letter. However, he noted Gulfside is not opposed to the court issuing rulings on the pending motions without a hearing.

“As the Court is aware, Gulfside has filed a Motion for Preliminary Injunction, wherein it demonstrates that it will suffer irreparable harm, if the Racing Commission is not enjoined from issuing a license,” Castleberry’s letter reads. “I do not presume to represent to the Court that this case is any more or less important than the many other cases on the Court’s docket. Every case is of the utmost importance to its litigants. However, this is a case that requires an expeditious ruling, and Arkansas law provides for no other venue in which Gulfside can seek the relief necessary to preserve its claims.”

This is what Gulfside Attorney Casey Castleberry is basing not returning the case to Pope County on.

Excerpts from the transcript of the hearing on the Motion to Transfer held in Pope County before Judge Pearson on September 23, 2019

Judge Pierson:

Now to take this up: First of all, I’m going to grant the Motion to Transfer. I think to use the terms of Judge Fox, it’s patently clear that this court — that Pulaski County has the jurisdiction and the venue of this case. This is an Administrative Appeal. This Administrative Appeal initiated out of a hearing conducted by the Arkansas Racing Commission. Gulfside Casino Partnership is not a resident nor do they do business in this jurisdiction for purposes of the venue statute.

Now the relevant statute — 25-15-207 — clearly states that the action may be brought in the circuit court of any county in which the plaintiff resides or does business or in Pulaski County Circuit Court.

And then,of course,it says it again in the Administrative Procedure Act which I was quoting that statute in Section 25-15-212; states it again and clearly puts it within the Pulaski County Circuit Court as an administrative appeal.

So again, I’ll grant the Motion to Transfer and from there, get it resolved. I don’t know if there’s anything else I need to add.

Text of Gulfside’s letter to Judge Fox 11-26-19

RE: Gulfside Casino Partnership v. Arkansas Department of Finance and Administration and Arkansas Racing Commission; In the Circuit Court of Pulaski County, Arkansas, Case No. 60CV-19-5832