Cherokee Nation Businesses, LLC Legends Resort and Casino, LLC and the Arkansas Racing Commission v. Gulfside Casino…

Summary

The court affirmed summary judgment declaring the Pope County casino license void because the Arkansas Racing Commission acted beyond its authority by jointly licensing Legends and Cherokee Nation Businesses when Cherokee had no pending application and the constitutional text authorizes a license to a single casino applicant. The court also held that the circuit court had subject-matter jurisdiction over Gulfside's declaratory-judgment action and that Gulfside and Choctaw had standing because the challenged license directly affected their opportunity to obtain the license. The court interpreted the relevant constitutional provisions de novo and applied their plain and unambiguous meaning.