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.