Biloxi and Gulfport’s Mississippi Coast casinos, namely Treasure Bay and Island View Casino Resort, along with the Mississippi Gaming & Hospitality Association, are contesting the recent approval granted by the Mississippi Gaming Commission to RW Development for a casino site in Biloxi.
The contentious site, situated on Biloxi’s central beach, has been a focal point for RW Development over the past 15 years. The appeal, filed in Harrison County Circuit Court, alleges that RW Development does not fulfill the state’s legal requirements for operating a casino on the designated land, The Sun Herald reported.
According to Treasure Bay, Island View and the association, which includes all 13 casinos in Harrison and Hancock counties, the amended law post-Hurricane Katrina requires a gaming applicant to prove that their gaming site was legal before the storm. RW Development, having acquired the property after the hurricane, is argued not to have held a gaming license before Katrina, thus failing to meet the stipulated requirements.
In response, the Mississippi Gaming Commission, represented by Special Assistant Attorney General David Minton, defends its decision, asserting that the site approval was justified and in adherence to applicable laws.
Supporters claim other casino sites have been approved where operators did not have cruise vessels or gambling licenses before Hurricane Katrina, including the Scarlet Pearl in D’Iberville, which won site approval in 2014 for property off Back Bay.
RW Development, while not directly involved in the appeal, has sought to intervene in the case. The company began acquiring property along the beach highway in 2006, following the state’s decision to permit land-based casinos.
The Gaming Commission had previously denied RW site approval on three occasions, citing lack of control over property to the water’s edge. However, recent city and county leases with RW, encompassing a pier on the Mississippi Sound and a portion of the sand beach, led the Gaming Commission to grant site approval for a casino north of the highway.
The existing casinos and the gaming association challenge this decision, arguing that RW’s control over the property is shared with the public. While the state owns the beach and submerged water bottoms as public trust tidelands, the court has previously ruled that the Secretary of State’s Office does not have sole authority over waterfront property adjoining city streets.
Pending legislation may impact the outcome, as House and Senate bills are under consideration to grant the Secretary of State sole authority for leasing public property for casinos on the Sound and bays.
