Cherokee Nation Tries to Dismiss Gulfside’s Lawsuit in Arkansas

The Cherokee Nation of Oklahoma continues to experience setbacks in Arkansas as a lawsuit seeks to challenge its receiving of a casino license in the state. In an effort to secure its license, the tribal entity’s Cherokee Nation Businesses (CNB) and Cherokee Nation Entertainment asked a federal court to dismiss the lawsuit.

Gulfside Alleges Authorities Were Playing Favorites

The Arkansas Racing Commission previously handed the sole gaming license for Pope County to Cherokee Nation Entertainment. However, the commission didn’t consider Gulfside Casino Partnership’s proposal because its application didn’t come with letter of support from Pope County Judge Ben Cross or support from the Pope County Quorum Court.

Gulfside, however, disagreed with this dismissal and took legal action against the nation, the commission, Cross and the court. The operator alleges that the authorities favored the Cherokee application and used “coercive tactics” to make it qualify for the license.

Attorneys representing the Cherokee nation, however, asked the court to dismiss the lawsuit. They argued that Cross has, since stepping into the office in January 2019, listened to the proposals of multiple applicants. According to them, he has decided to exclusively support CNB and has been consistent with that decision.

Judge Cross, the dismissal motion further says, believes that CNB’s proposal would provide the most significant benefits to Pope County. For context, the Cherokee Nation plans to construct a $300 million casino in Russellville. Gulfside, on the other hand, envisioned a $405 million project in the city.

The Battle Continues

Cross recently finalized the EDA agreement and the Pope County Quorum Court issued a resolution to support the Cherokee Nation casino plans. While the court considered issuing another support resolution for the Gulfside plan but only five of its members were supportive of the company’s proposal.

Gulfside’s lawsuit alleges that the court purposefully prevented its project from being reviewed, although Cherokee attorneys noted that the operator contradicts its statements from an earlier lawsuit. They added that Arkansas law “does not allow Gulfside to take such inconsistent position in litigation.”

The Pope County casino property was greenlit by players in 2018. Since then, Gulfside and the Cherokee nation have been embroiled in a long-drawn legal conflict. Depending on how things unfold, the ongoing lawsuit could potentially rescind the concession.