On March 9, 2021, Gulfside filed for judicial review of a decision by the Racing Commission that Legends was a qualified applicant.
The counsel for the Racing Commission, who is the defendant in the case, is the AG’s office. They have already said in previous filings in the case:
- Gulfside lacks standing under the Administrative Procedures Act
- Gulfside fails to allege, as is required, a “proper” injury.
- The Court (Fox) lacks subject matter jurisdiction
- The Racing Commission is entitled to sovereign immunity (you can’t sue the state except as specifically allowed by law)
CNB has said in previous filings in the case:
- Gulfside lacks standing because it is not a qualified applicant
- The resolution of Gulfside’s claim does nothing to change its current condition.
- Gulfside cannot show an immediate concrete injury that will be redressed by the relief question
At this point, as a former applicant, Gulfside has no current legal interest in the casino gaming license. As Dustin McDaniels has written, “Gulfside has no standing to challenge the qualification of any entity applying for a casino gaming license.”