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

Summary

The court affirmed the circuit court’s summary judgment declaring the Pope County casino license void. It held that the courts had subject-matter jurisdiction, that Gulfside and Choctaw had standing to challenge the license, and that the Arkansas Racing Commission acted ultra vires by licensing CNB without a pending application and by jointly licensing two entities when the constitutional text authorizes one casino applicant. The court therefore upheld the conclusion that the license was unconstitutional and a legal nullity.