Oklahoma Tribe Files Appeal Over Arkansas Ruling

Oklahoma-based Cherokee Nation Businesses has appealed Pulaski County Circuit Judge Tim Fox’s (l.) decision to rescind CNB’s license to build a casino in Pope County.

Oklahoma Tribe Files Appeal Over Arkansas Ruling

In Arkansas, Pulaski County Circuit Judge Tim Fox recently rescinded the Pope County casino license issued in 2021 by the Arkansas Racing Commission (ARC) to Oklahoma-based Cherokee Nation Businesses (CNB) and Legends Resort and Casino.

Fox ruled that the ARC did not have the authority to issue a license jointly to Legends and CNB. In addition, he declared Legends did not have prior casino experience and therefore was ineligible to hold the license.

Following the ruling, CNB Chief Executive Officer Chuck Garrett said, “We expected Fox to rule against us, and he did. We immediately filed with the Arkansas Supreme Court, where we are 4-0. We are confident that we have the arguments and the facts on our side.”

Garrett added Fox had ruled against CNB in other cases over the 3-year legal battle for the Pope County license. Gulfside Casino Partnership of Mississippi, another candidate for the license, brought the suit challenging the award of the license to CNB.

In a statement, Gulfside attorney Lucas Rowan said, “Gulfside remains committed to building a first-class entertainment destination in Pope County and bringing good-paying jobs and economic development to Arkansas, and this ruling that Legends was not qualified is a step in that direction.”

In a statement, Arkansas’ new Attorney General Tim Griffin implied he supported granting the casino license to CNB: “The issuance of the Pope County casino license by the Arkansas Racing Commission was legal in all respects. I look forward to advocating for that position before the Arkansas Supreme Court.”

Garrett noted if the Arkansas Supreme Court does rule against CNB, the process of awarding the gaming license would have to start over. He said CNB would apply for the license under a new name, Cherokee Nation Entertainment, which owns Legends Casino and Resort.

CNB purchased more than 180 acres of land for the Pope County casino, but has not started construction.