State Senator Breanne Davis’s letter to Attorney General Leslie Rutledge, December 27, 2018, requests AR AG opinion regarding the power of the voters of Pope County to, by initiated ordinance, restrict the authority of the County Judge to act unilaterally with regard to approving a casino applicant under Amendment 100.
Casino Implementing Legislation—Act 371 of 2019, This is the implementing legislation passed in 2019 that, in part, stipulates local support documents must come from current officials. Gulfside contends that this is unconstitutional. It seems to me that it doesn’t violate anything in Amendment 100, but is simply implementing legislation, which is normal for any new amendment.
Application for Casino License and Public Notice, this five-page document contains the Public Notice of the submission period for license applications AND a copy of the application for a casino license.
Act 703 of 2019—To Amend the Laws Concerning Local Government Bonds, and to Allow a Municipality’s or County’s Portion of the Net Casino Gaming Receipts Tax Revenues to be Pledged for the Repayment of Certain Local Government Bonds
Conflict between Amendments 100 and 14, dismissed with prejudice
Ordinance 18-O-42 is in direct conflict with Amendment 100 to the Arkansas Constitution and is unconstitutional and void.
Specifically that Ordinance 18-O-42 was unconstitutional and void at the time that the Quorum Court passed Resolution 19-R-14 (support for CNB.
Request for declaratory judgment finding 19-R-14 invalid or of no legal effect denied and dismissed with prejudice.
Ordinance 18-O-42 is unenforceable as an attempt by Pope County to regulate gambling in violation of Arkansas Code Annotated §14-14-806(4). Court agrees and grants motion to dismiss with prejudice.
Plaintiffs have not pleaded sufficient facts to demonstrate that a meeting by Defendants occurred in violation of the FOIA. FOIA violation assertion dismissed.
To the extent there was a FOIA, that violation was cured by an open meeting. Plaintiffs failed to state a claim for FOIA violation that would warrant invalidation of 19-R-14. Request for declaratory judgment dismissed.
Motion to Disqualify Judge—Plaintiff’s tried to have Judge Pierson disqualify himself because of an alleged endorsement on Facebook by Defendant Ben Cross. The Facebook endorsement was created without the knowledge of either Pierson or Cross. (November 1, 2019)
Notice of Appeal—Plaintiffs appeal CNB’s Motion to Intervene and the Court’s Order granting Defendants’ Motion to Dismiss.
Citizens for a Better Pope County and James Knight vs Ben Cross et. al. Appeal to the Supreme Court
Gulfside vs. Racing Commission et al (Case No.60CV-19-5832)
Initial filing—Verified Complaint to Appeal Agency Decision, For Declaratory Judgment to Determine Validity of Rule, For Declaratory Judgment to Hold Ark. Code Ann. § 23-117-101 Unconstitutional, and For Preliminary and Permanent Injunction (August 15, 2019)
Change of Venue—transferred certified record to the Pope County Circuit Clerk for civil assignment (August 22, 2019)
Order—scheduling hearing in Pope County for September 23, new case number 58CV-19-462
Allegations of Violations of Open Public Meeting Requirements of the Arkansas Freedom of Information Act (FOIA) and other alleged ethical issues
Complaint—Violation of Arkansas Ethics and Conflicts of Interest Law for Public Officers and Employees; Ethics complaint by William Ogles–a Jacksonville lawyer.
Investigation Report—AR AG Public Integrity Division, Special Agent JayP Massiet, Charge: Violation of FOIA
Application to US Army Corps of Engineers requesting authorization for the placement of dredged and fill material in waters of US for construction of a 70-acre multi-business commercial development, consisting of a grocery store, eateries, movie theater, lodging, and retail shopping centers.
An unofficial repository of material and links related to Pope County.
Cases that have been pending:
58CV-20-429—Ben Cross et. al. vs ARC; This asks for an injunction to keep Gulfside from building a casino annex. The plaintiff (Cross et. al.) filed a motion for dismissal 11/12/21. Because of recusals, the judge assigned to the case is a retired judge in southeast Arkansas. There should have been no issue to keep this from being dismissed. However, it is still listed as an open case.(Judge Wright)
60CV-21-1653—Gulfside vs. ARC; filed March 9, 2021. Choctaw was recognized as an intervener on January 3, 2023. This is an administrative appeal claiming that Legends has no casino operating experience. (Judge Fox) On January 12, 2023, Fox found in favor of the plaintiff and reversed the “Arkansas Racing Commission’s decision awarding the Pope County casino license jointly to CNB and to Legends.” “Also, The Pope County casino license issued jointly to Legends and CNB on
November 12, 2021, is declared a nullity and is void and of no effect.” The ruling has been appealed.
CV-23-50—This is the appeal of the January 12, 2023, 60CV-21-1653 ruling by Judge Fox (above). It was lodged on February 24, with the appellant’s brief due April 5. The appellant’s briefs by CNB/Legends and Racing Commission were both filed on February 24. Appellee briefs were filed at the end of the allowed period by both Gulfside and Choctaw. The appellant’s reply briefs have been provided by CNB/Legends and Racing Commission before the deadline with days to spare. This case is pending at the Arkansas Supreme Court.
60CV-19-9172—CFABPC & Knight vs. ARC; filed December 27th, 2019, DISMISSED December 12, 2022, after review by Hon. Wendell Griffen.
[This was the case where the licensing process was stopped by a temporary restraining order. It is also the one where the judge triple, double dog dared anyone to show where he had said anything in his orders prohibiting the licensing process for an application submitted under the good cause shown provision. This case had been on hold since July 2020. There should have been no reason for this not to be dismissed much earlier. (Judge Griffen)
Just before the Honorable Wendell Griffen retired, on December 27, the plaintiffs’ filed a motion for relief for consideration of things not addressed in the dismissal order. On January 26, Griffen’s replacement, the Honorable Latonya Honorable suspended the “effectiveness” of Griffen’s December 12 order. After more motions and a hearing, she ruled in favor of the defendants’, all aspects of the complaint again DISMISSED.
The case is BEING APPEALED, with the record to be lodged with the Supreme Court by August 11.
60CV-21-7742 Goodin V. ARC, filed December 7, 2021, DISMISSED at the request of the plaintiff.
[The case asked for the judge to declare that it was unconstitutional for the ARC to find Legends was a qualified applicant due to Legends not having casino gaming experience. (Judge Griffen)]
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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.
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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.