Cherokee Nation Businesses, LLC v. Gulfside Casino Partnership (Majority, with Dissenting)
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The Supreme Court affirmed the judgment of the circuit court concluding that the Arkansas Racing Commission's (ARC) decision to award the Pope County casino license to Cherokee Nation Business, LLC (CNB) and Legends Resort and Casino, LLC (Legends) was a "legal nullity, void and of no effect," holding that there was no error.
Gulfside Casino Partnership sought a declaratory judgment that the ARC's actions in awarding the license to CNB and Legends were unconstitutional, constituted and ultra vires act, and violated the Administrative Procedure Act. The circuit court granted summary judgment for Gulfside, ruling that the ARC acted ultra vires, in violation of amendment 100 to the Arkansas Constitution. The Supreme Court affirmed, holding that the ARC acted ultra vires in issuing the license to CNB.
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