Nevertheless, this was a split decision since the Arkansas Supreme Court previously affirmed Pulaski County Circuit Court Judge Tim Fox’s ruling that the ARC illegally approved CNB’s gaming permit in Pope County. Judge Cross wrote an endorsement letter for the Cherokee, offering it an edge over its rivals as the ARC reviews its gaming license application. A TBP report shows that Pope County Judge Ben Cross reviewed the gaming amendment and endorsed CNB in the license process. The process involved Gulfside Casino Partnership and Cherokee Nation Businesses (CNB). The Arkansas Supreme Court instructed the Arkansas Racing Commission (ARC) to repeat Cherokee Nation’s license application process on October 26,2023.
