Rehearing Archives - Keno Wizard https://kenowizard.com/tag/rehearing/ The Ultimate Keno Destination for Odds, Tips & Tricks Tue, 16 Jan 2024 09:38:52 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.5 https://i0.wp.com/kenowizard.com/wp-content/uploads/2023/02/cropped-keno-wizard-icon.png?fit=32%2C32&ssl=1 Rehearing Archives - Keno Wizard https://kenowizard.com/tag/rehearing/ 32 32 230792155 Arkansas Supreme Court Denies Rehearing in Legends Resort and Casino Case https://kenowizard.com/2024/01/16/arkansas-supreme-court-denies-rehearing-in-legends-resort-and-casino-case/ https://kenowizard.com/2024/01/16/arkansas-supreme-court-denies-rehearing-in-legends-resort-and-casino-case/#respond Tue, 16 Jan 2024 09:38:52 +0000 https://kenowizard.com/2024/01/16/arkansas-supreme-court-denies-rehearing-in-legends-resort-and-casino-case/ The Arkansas Supreme Court has rejected a petition from Legends Resort and Casino and Cherokee Nation Businesses, seeking a rehearing in a case where the court ruled that the Arkansas Racing Commission’s award of the Pope County casino license to the consortium violated Amendment 100 to the Arkansas Constitution. This decision leaves the Commission free [...]

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The Arkansas Supreme Court has rejected a petition from Legends Resort and Casino and Cherokee Nation Businesses, seeking a rehearing in a case where the court ruled that the Arkansas Racing Commission’s award of the Pope County casino license to the consortium violated Amendment 100 to the Arkansas Constitution. This decision leaves the Commission free to determine how to resolve the matter.

The Court Decision Marks Significant Progress

The legal battle began in November 2021 when the Arkansas Racing Commission issued the Pope County casino license to the Legends/Cherokee consortium, nullifying the license previously awarded to Gulfside Casino Partnership in 2020. Gulfside challenged this decision, leading to several years of court cases and disputes that may significantly affect the state’s gambling sector.

Amendment 100 to the Arkansas Constitution, approved by voters in November 2018, empowered the Arkansas Racing Commission to license four full-fledged casinos. However, in a 5-2 ruling on October 26, 2023, the state’s Supreme Court affirmed a decision by Pulaski County Circuit Judge Tim Fox, stating that the Arkansas Racing Commission erred in the licensing process.

The Commission had awarded the license to two entities, Legends Resort and Casino and Cherokee Nation Businesses. The court ruled that only a single entity could hold a casino license. Legends failed to meet the licensing requirements stipulated in the Arkansas Constitution due to a lack of prior casino gaming experience, disqualifying the venue from offering gambling services.

Legends Resort and Casino’s Future Remains Uncertain

The court’s decision not to grant a rehearing further complicates the situation. The next step involves the Arkansas Racing Commission meeting to receive input from the attorney general’s office and the state Department of Finance and Administration to determine the best course of action that will cause minimal disruptions.

The Pope County casino license has been a source of contention, with billions of dollars collectively wagered at the state’s casinos annually. Trent Minner, administrator of the state Department of Finance and Administration’s Regulatory Division, which includes the Racing Commission, stated that the Commission would assess the situation in upcoming meetings.

The high court’s decision effectively ended any form of litigation or questions remaining regarding the casino issue over the past five years.

Pope County Judge Ben Cross

The denial of the petition for rehearing by the Arkansas Supreme Court clears the way for the Arkansas Racing Commission to act. These ongoing legal proceedings and the involvement of different entities have underscored the challenges of implementing casino licensing in the state. The decision may prompt discussions on potential next steps and the impact on the casino licensing process in Pope County.

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Florida: DOI Criticizes West Flagler’s Rehearing on Betting Case https://kenowizard.com/2023/09/01/florida-doi-criticizes-west-flaglers-rehearing-on-betting-case/ https://kenowizard.com/2023/09/01/florida-doi-criticizes-west-flaglers-rehearing-on-betting-case/#respond Fri, 01 Sep 2023 13:48:05 +0000 https://kenowizard.com/2023/09/01/florida-doi-criticizes-west-flaglers-rehearing-on-betting-case/ Sports betting has been on hold in Florida for a few years now and there’s no indication when it will be relaunched. After the state signed a gambling compact with the Seminole Tribe, stakeholders within the sector, including West Flagler Associates, challenged that decision, claiming it was in breach of the Indian Gaming Regulatory Act [...]

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Sports betting has been on hold in Florida for a few years now and there’s no indication when it will be relaunched. After the state signed a gambling compact with the Seminole Tribe, stakeholders within the sector, including West Flagler Associates, challenged that decision, claiming it was in breach of the Indian Gaming Regulatory Act (IGRA). This ultimately resulted in a legal battle that continues to unravel.

On Thursday, the US Department of the Interior (DOI), criticized West Flagler’s petition for a rehearing en banc on the sports betting case, claiming that the request was “unwarranted.” The latest episode of the legal fight comes after mid-August, West Flagler filed for an en banc hearing of its case. This rare occurrence is actually a rehearing of a court case with the DC Circuit Court of Appeals.

However, what’s different with en banc rehearings is that they are held before a majority of judges on active service, rather than the usual panel consisting of three judges. The DOI described its case in a 25-page response, criticizing West Flagler’s rehearing request for the sports betting compact in Florida.

The DOI wrote: “West Flagler’s arguments for rehearing are strawmen, premised on its erroneous assertion that, by referencing the state-sanctioned wagers, the Compact — and the Secretary’s approval thereof — purport to unilaterally legalize the placement of those wagers and the State regime for regulating them.” The lengthy response adds: “But, as West Flagler acknowledges, the panel held in no uncertain terms that the compact does not do that. And the panel did so while making scrupulously clear that neither its opinion nor the Secretary’s approval prevents West Flagler from challenging the relevant State law in Florida’s courts.”

In light of the current circumstances, sports betting remains on hold in Florida, and it is yet to be confirmed when the activity will be able to resume. The Seminole Tribe previously said it plans to resume the betting offering via the Hard Rock brand, but the legal hurdle needs to be cleared before this can happen.

Next week marks the start of the new National Football League (NFL) season. By the look of it, residents of Florida will have to wait further before they can place wagers on the NFL. After legalizing the activity in 2021, Florida launched it briefly for a month before it was put on hold on December 4, 2021.

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