LITTLE ROCK — An Oaklawn Park-funded committee’s challenge to a proposed constitutional amendment to allow casino proponent Nancy Todd’s company to own and operate four casinos in Arkansas seems to be a thinly veiled attempt for Oaklawn, Southland Park and two committees financed by the parks to have a second chance at challenging the amendment, an attorney for Todd said Monday.
In the event that Bill Walmsley of Batesville, Darrell Meyer of Hot Springs and Bill McDowell, the threesome who filed a lawsuit individually and on behalf of the Arkansas Racing Alliance - and Chuck Lange, who is chairman of the Southland-funded Stop Casinos Now! Committee and who filed a challenge to the amendment in July, are part of the same group and are barred by the doctrine of res judicata from bringing the new complaint, said attorneyPeter Kumpe of Little Rock.
The principle of res judicata bars relitigation of a claim in a subsequent suit when five factors are present, he said.
But attorneys for Arkansas Racing Alliance argued the committee’s complaint is not barred by the doctrine of res judicata.
Attorneys Elisabeth Robben Murray and Robert Shafer of Little Rock said the state Supreme Court hasn’t yet ruled on Todd’s challenge of Secretary of State Mark Martin’s decision that her revised ballot was legally insufficient and shouldn’t be on the Nov. 6 general election ballot.
At issue in that case is Todd’s proposed ballot title. She proposed to revise it so it says that the proposed constitutional amendment may repeal the Electronic Games of Skill Act, thus prohibiting Oaklawn Park in Hot Springs and Southland Park in West Memphis from continuing to operate casnio-like electronic “games of skill.”
The attorneys made these arguments Monday in briefs submitted to the state Supreme Court.
The proposed amendment would allow Nancy Todd’s Poker Palace and Entertainment Venues LLC to own and operate a casino in each of Pulaski, Miller, Franklin and Crittenden counties.
Northwest Arkansas, Pages 9 on 09/25/2012