Judge Dismisses Cherokee Nation Lawsuit Over Repealed Pope County Casino License

^{Pictured above is a rendering of the Legends Resort and Casino, a project the Cherokee Nation hoped to build in Russellville before their license was revoked. (Photo: courtesy of Legends Resort and Casino)}

US District Judge D.P. Marshall Jr. dismissed a lawsuit from Cherokee Nation Entertainment LLC (CNE) on Thursday that sought to reinstate its license to operate a casino in Pope County, Arkansas. 

CNE filed its lawsuit against the state of Arkansas and the Arkansas Racing Commission in November 2024 after voters approved a ballot initiative that revoked its license to develop the Legends Resort & Casino in Russellville, which had been granted in June 2024.

Years Long Battle Over Pope County Casino Continues

While voters across the state supported the initiative, voters in Pope County opposed it in what one casino supporter called “the epitome of irony.” Marshall dismissed some of CNE’s claims with prejudice, while dismissing others without prejudice, meaning they could be refiled. 

“Amendment 104 doesn’t bar CNE from operating all its casinos,” Marshall said in his ruling. “CNE runs eleven of them. Amendment 104 didn’t stop CNE from operating entirely; it took away one of its casino licenses…though it would be another long and winding road, CNE still has a way to open a casino in Pope County through another constitutional amendment and a local vote.”

A casino in Pope County was first authorized in 2018, when state voters approved Amendment 100, which allowed for four casinos in Arkansas. While three of the four casinos were approved, built, and began operations with no major issues, the Pope County casino became the subject of several lawsuits. Licenses were awarded and then rescinded multiple times, though it appeared that the process was effectively over when the Arkansas Racing Commission awarded the license to CNE last year.

But that began a tribal gaming war between the Cherokee Nation and the Choctaw Nation of Oklahoma, which operates casinos near the Arkansas border, including one just 90 miles away from the proposed Pope County casino. 

The Choctaw Nation funded Local Voters in Charge, which rallied support to get the anti-casino initiative on the November 2024 ballot. Between the Choctaw Nation and the Cherokee Nation, the two tribes spent $30 million or more campaigning for and against the proposal – Amendment 104 – which ultimately passed with about 56 percent of the statewide vote. 

Judge Unconvinced by Multiple Constitutional Arguments

In its lawsuit, CNE argued that Amendment 104 violated its rights under the due process clause, the equal protections clause, the contract clause, and the takings clause of the US Constitution. In particular, lawyers for the tribal casino operator argued that treating the Pope County license differently than others in the state violated the equal protection clause, while interfering with the many contracts associated with the project has violated CNE’s contract and property rights.

But Judge Marshall rejected those arguments, saying that Amendment 104 doesn’t take away the land CNE purchased, and that there were other avenues for the tribe to seek compensation for its losses.

“That the available other way is administrative and legislative, rather than judicial, does not render it inadequate,” Marshall wrote. “The Court is not persuaded that, at this point, the Cherokee can seek damages here.”

Arkansas officials applauded the court’s decision, while the Cherokee Nation vowed to fight on.

“I applaud today’s ruling, which sided with the State of Arkansas and the Arkansas Racing Commissioners on all issues,” Arkansas Attorney General Tim Griffin said in a statement.

“We are reviewing all aspects of the judge’s ruling and considering next steps in the legal process,” Cherokee Nation Businesses spokesperson Allison Brum said in a separate statement.