() Cherokee Nation’s Appeal Over Revoked Arkansas Casino License
Yes — the Cherokee Nation has filed an appeal in the case involving the revocation of its Pope County, Arkansas casino license for the planned Legends Resort & Casino.
After Arkansas voters approved Amendment 104 in November 2024, which repealed the state’s authority to issue a Pope County license and revoked the one already granted to Cherokee Nation Entertainment (CNE), the tribe sued in federal court, alleging constitutional violations and seeking an injunction
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In August 2025, U.S. District Judge D.P. Marshall Jr. dismissed most of CNE’s claims, some “with prejudice” (cannot be refiled) and others “without prejudice” (can be refiled)
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. The dismissal followed a trial in which the court found the amendment did not bar CNE from operating all its casinos and left open the possibility of a future license through another constitutional amendment and local vote
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The appeal:
On September 26, 2025, Cherokee Nation Businesses (CNB) and related parties filed a notice of appeal in the U.S. Court of Appeals for the Eighth Circuit
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The appeal challenges the district court’s dismissal, arguing it was improper and that the remaining claims should be considered
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Arkansas, through the State Attorney General’s Office, has also filed a brief asking the Eighth Circuit to affirm the dismissal, arguing Amendment 104 served legitimate public purposes and did not violate constitutional protections
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The Eighth Circuit has not yet set a hearing date, but the case is now in the appellate stage
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In summary: The Cherokee Nation did not just sue — it has actively appealed the lower court’s decision, seeking reversal of the dismissal and a chance to challenge the revocation of its Pope County casino license further in federal appellate court.
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