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Justia Weekly Opinion Summaries

Gaming Law
February 5, 2021

Table of Contents

Cherokee Nation Businesses, LLC v. Gulfside Casino Partnership

Gaming Law, Government & Administrative Law

Arkansas Supreme Court

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Gaming Law Opinions

Cherokee Nation Businesses, LLC v. Gulfside Casino Partnership

Court: Arkansas Supreme Court

Citation: 2021 Ark. 17

Opinion Date: February 4, 2021

Judge: Womack

Areas of Law: Gaming Law, Government & Administrative Law

The Supreme Court reversed the decision of the circuit court refusing to allow Cherokee Nation Businesses, LLC to intervene in litigation brought by Gulfside Casino Partnership against the Arkansas Department of Finance and Administration and the Arkansas Racing Commission, holding that Cherokee was entitled to intervention as a matter of right. Five applicants, including Gulfside and Cherokee, applied for a casino license during the May 2019 application period. The Commission denied each application on the grounds that each failed to include a letter of support from the county judge or a resolution from the county quorum court. Gulfside filed the underlying suit asking the circuit court to reverse the Commission's denial of its application. The application period was reopened in August 2019, at which time Cherokee submitted its application. Cherokee then moved for intervention to defend its right to have its application considered. The circuit court denied intervention. The Supreme Court reversed, holding that Cherokee was entitled to intervention as of right under Ark. R. Civ. P. 24(a)(2).

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