One of the 3 remaining cases is 60CV-19-9172: Citizens for a Better Pope County and James Knight vs. The Arkansas Racing Commission.
In their initial petition, they ask for relief on the basis that the Second Casino Application Period was illegal.
In an April 10th, 2020, letter to the Racing Commission (defendant) counsel, CNB’s attorney, Dustin McDaniel, wrote,
At the (January 3rd) hearing, Judge Griffin made quite clear that no part of his TRO extended to the ARC’s ability to consider any application submitted pursuant to the “good cause” provision. My partner, Mr. Richardson, asked the Court if it would be permissible to proceed pursuant not to the Second Application period but upon a showing of good cause for submitting an application. Judge Griffen articulately made his point, as Judge Griffen often does, so that it would not take an attorney to decipher when he said: “I double, triple dog dare anyone to point to a single word in my order that applies to the ‘good cause’ provisions in the Rules.”
CNB had submitted its application for the second application period with a cover letter that stated that it was being submitted for “good cause.” Whether the Racing Commission or their counsel recognized that doesn’t matter. The plaintiffs were correct. There is nothing in the gaming rules that allowed for an additional application period.
The application was subsequently submitted and accepted by the Racing Commission, along with requested supplemental material, under the “good cause” provision of the casino gaming rules.
This case is the one that resulted in the temporary restraining order that stopped the licensing process. The Racing Commission and their counsel (the AG’s office) recognized that they could not proceed with the Second Application Period application under the casino gaming rules as they stood.
The basis for the case is now moot with the application submitted under “good cause.” The case is also moot with a license having been issued.
The case should be dismissed in the very near future.