Cherokee Nation Will Appeal Arkansas Casino Ruling that Squashed Legends Resort
Posted on: September 3, 2025, 12:35h.
Last updated on: September 4, 2025, 09:30h.
- The Cherokee Nation will appeal a federal ruling that went against its Arkansas casino plans
- The tribe has been seeking to build and open a casino in Russell for many years
The Cherokee Nation will appeal a federal ruling handed down last month that further lengthened the odds of its Legends Resort & Casino being built in Arkansas.
The Cherokee Phoenix, the media outlet of the Cherokee Nation, reports that the tribe will appeal an order in Arkansas’ Eastern District Court that went against the Cherokees’ plans to build a $325 million casino in Russellville, Ark. In a ruling signed August 28, Judge D.P. Marshall concluded that a statewide ballot referendum approved by Arkansas voters last November didn’t impede the Cherokees’ protected rights under the United States Constitution.
While it’s not the outcome I wanted — it’s not the outcome you wanted — it’s an outcome that puts us in a much better position than if we had never fought the fight,” said Chuck Garrett, the CEO of Cherokee Nation Businesses, the tribe’s commercial conglomerate.
Garrett told the tribe’s Executive and Finance Committee that he thinks their legal case is stronger with Marshall’s ruling because the judge acknowledged the Cherokee’s considerable expenses related to its seven-year pursuit of obtaining a gaming license in Arkansas.
Case Strengthened, CEO Says
In his ruling, Marshall recognized that the Cherokee Nation has spent many millions of dollars in seeking and securing a casino license in Arkansas. The 2024 referendum rescinded the gaming concession for Pope County.
To date, the Cherokee have spent more than $60 million on land, construction, employees, and licensing costs in support of a casino,” Marshall acknowledged. “The Cherokee’s legal battles were not their only headaches. Anti-casino voters in Pope County… also created political ones.”
Garrett thinks Marshall citing the tribe’s costs associated with its Russellville casino strengthens the Cherokee’s Takings Clause claims. Marshall dismissed the tribe’s Taking Clause claims without prejudice, meaning it can be appealed to the Eighth Circuit Court of Appeals, a federal court in St. Louis.
The Takings Clause is a part of the Fifth Amendment of the US Constitution that bars the government from taking private property without providing “just compensation” to the property owner.
After the Arkansas Racing Commission deemed the Cherokee Nation as the winner for the Pope County casino license, the tribe executed its Economic Development Agreement with the county, which included more than $40 million in economic development fees and community development grants, along with a pledge to invest at least $225 million in the casino and resort.
Cherokee Attorney
Garrett expressed optimism to the Executive and Finance Committee because he says the tribe has “one of the most effective and successful constitutional law scholars and lawyers” in Cherokee Nation Businesses Chief Legal Officer Robert Huffman.
The Cherokee are seeking to have their Pope County casino license reinstated or to be compensated for the economic losses in time and money stemming from the Legends project.
The Legends plan included a 200-room hotel and spa with a 50K-square-foot casino equipped with 1,200 slot machines and 32 live-dealer table games. A sportsbook, multiple dining venues, a resort pool, an outdoor music venue, and 12K square feet of event space were additionally proposed.
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