Circuit Judge Tim Fox decided one of multiple pending legal cases today by disposing of one lawsuit in the matter but commenting in the procedural ruling that Gulfside Casino Partnership, with a letter from county officials before the permit period was open, met the constitutional requirements to obtain the permit for a casino in Pope County.

The news is heralded by the Mississippi partnership, which provided this brief statement by Lucas Rowan, attorney for the group:

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“With today’s ruling once again confirming the constitutionality of our letter of support, we are moving forward with our license to build an entertainment destination and economic engine in Pope County.”

Be sure there will be more court action before a spade of dirt has turned. Fox has been reversed in this case before. He didn’t want to entertain the intervention of the case by the Cherokee Nation, which had an application for a permit that was approved by people who are currently in office, but the Supreme Court said Fox was wrong.

Local government approval is required. Does that mean at any point in time? Or after the permit process has begun. Fox thinks Gulfside met the test with a letter from a county judge who left office before the casino permit period opened. The legislature and Racing Commission attempted to pass law and rule saying current official approval must be supplied. In footnotes to his decision today, Fox continues to side with Gulfside.

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I won’t bother to recount all the ins and outs of this long-running, high-dollar battle. If Gulfside wins, Pope County loses a $40 million promise of local government spending from the Cherokees. Gulfside promises a bigger casino. The Quorum Court that approved the Cherokee deal lost several members on account of local opposition to gambling, one aspect of the multiple pending cases.

Here’s Fox’s ruling.

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This ruling is for but one of several cases, and in it Fox denied motions for summary judgments from the Cherokee Nation and Gulfside and refused a Racing Commission request to dismiss the case. He noted the other pending legal action. He criticized the Racing Commission for trying to disqualify Gulfside though the Commission has voted (on a hotly contested evaluation) to give the permit to Gulfside. He reiterates his belief that Gulfside is the winner. But he comments:

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From Cherokee Nation:

“We expected Judge Fox would enter an order consistent with his ruling last year. However, we do appreciate the Court’s quick attention to the matter. We will file a Notice of Appeal next week and proceed to the Supreme Court, where we are confident the state statute and Racing Commission rule will be upheld.” – Dustin McDaniel, legal counsel for Cherokee Nation Businesses

 

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