A lawsuit challenging the legitimacy of a casino license in Pope County, Arkansas has been allowed to move forward.
Pulaski County Circuit Judge Wendell Griffen denied two motions to dismiss the lawsuit filed by a resident of Pope County challenging a license granted last November to Legends Resort and Casino by the Arkansas Racing Commission (ARC). Legends is an LLC of Cherokee National Businesses.
The judge granted the plaintiff standing to sue and noted that the man had presented factual allegations that question the constitutionality of the license. The commission granted the license after it rescinded a license it previously granted to Gulfside Casino Partnership.
Shortly after the license was granted, John “Cliff” Goodin filed the challenge, alleging that the commission violated the constitution under Amendment 100, the law that voters approved in 2018 and which established legal gaming in the state. Goodin claims Cherokee Nation Businesses is a “non-applicant entity.”
The judge did not buy the arguments by the ARC that Goodin lacks standing to sue, that the court lacks jurisdiction and that the commission cannot be sued due to sovereign immunity.
Amendment 100 authorized casinos at the racetracks in Hot Springs and West Memphis, and also allowed one license each in Jefferson and Pope counties.
