Federal Judge Dismisses Cherokee Nation Casino Lawsuit Arkansas
Federal Judge Dismisses Cherokee Nation Casino Lawsuit Arkansas

Federal Judge Dismisses Cherokee Nation Casino Lawsuit Arkansas

News summary

A federal judge dismissed most claims in a lawsuit filed by Cherokee Nation Entertainment (CNE) challenging Arkansas Amendment 104, which revoked its casino license in Pope County and requires local voter approval for future casinos. The lawsuit alleged constitutional violations including due process, contracts, takings, and bill of attainder clauses, but U.S. District Judge D.P. Marshall Jr. dismissed contract and bill of attainder claims with prejudice and other claims without prejudice. The amendment, approved by nearly 56% of Arkansas voters, nullified the Pope County casino license granted under a prior 2018 amendment that authorized four casinos statewide. The ruling upheld the state's position, with Attorney General Tim Griffin praising the decision and noting that CNE still operates 11 other casinos and could pursue another constitutional amendment plus a local vote to open a casino in Pope County. The court found that CNE's land acquisitions and agreements were business risks made before the license issuance, weakening their takings claim. Cherokee Nation Businesses is reviewing the ruling and considering further legal options.

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