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Justia Weekly Opinion Summaries

Gaming Law
September 18, 2020

Table of Contents

Citizens for a Better Pope County v. Cross

Election Law, Gaming Law

Arkansas Supreme Court

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Gaming Law Opinions

Citizens for a Better Pope County v. Cross

Court: Arkansas Supreme Court

Citation: 2020 Ark. 279

Opinion Date: September 17, 2020

Judge: Per Curiam

Areas of Law: Election Law, Gaming Law

The Supreme Court dismissed as moot Appellees' motion to dismiss the appeal by Citizens for a Better Pope County, a local option ballot question committee, holding that the claims set forth in Citizens' appeal were moot. After the Pope County Quorum Court adopted a resolution in support of a casino license application, Citizens sought declaratory and injunctive relief in the circuit court requesting an order prohibiting and county judge and quorum court from taking any official action to expressly approve a casino applicant without first presenting the issue to voters in an election, as required by Ordinance 2018-O-42. Appellees filed a motion to dismiss. The day before the hearing on the motion Ordinance 2018-O-42 was repealed. The circuit court denied declaratory relief, concluding that Ordinance 2018-O-42 unconstitutionally conflicted with amendment 100 of the Arkansas Constitution, and further held that the mandamus request was moot. The Supreme Court dismissed this appeal as moot, holding that, due to the repeal of Ordinance 2018-O-42, this Court's judgment on Citizens' claims would have no practical effect on an existing legal controversy.

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