The ARC adopted rules pursuant to its authority in amendment 100 and Ark.
Factual and Procedural Background Amendment 100 to the Arkansas Constitution, passed in November 2019, tasked the ARC with awarding casino gaming licenses, including one to a casino applicant for operation of a casino in Pope County, Arkansas. The circuit court agreed and held that the license so issued was a “legal nullity, void and of no effect.” For the reasons below, we affirm. Gulfside Casino Partnership (“Gulfside”) challenged that the ARC’s action was ultra vires as it was issued in violation of the clear language of amendment 100 and therefore unconstitutional. This third iteration of appeals concerns the Arkansas Racing Commission’s (“ARC’s”) decision to award the license to Cherokee Nation Businesses, LLC (“CNB”), and Legends Resort and Casino, LLC (“Legends”). GULFSIDE CASINO PARTNERSHIP AND CHOCTAW NATION OF OKLAHOMA APPELLEES CODY HILAND, Associate Justice This appeal arises from ongoing litigation concerning amendment 100 to the Arkansas Constitution, which provides for the issuance of the Pope County casino license. CV-23-50 Opinion Delivered: OctoCHEROKEE NATION BUSINESSES, LLC LEGENDS RESORT AND APPEAL FROM THE PULASKI CASINO, LLC AND THE ARKANSAS COUNTY CIRCUIT COURT RACING COMMISSION APPELLANTS HONORABLE TIMOTHY DAVIS FOX, JUDGE V.
