RW Development recently appeared before the Mississippi Gaming Commission last week for the third time seeking site approval for a casino hotel in Biloxi. Commissioners rejected RW’s proposal in 2008 and last March because they said the project could not use the seawall as the starting point. As a result, the proposal did not meet state gaming regulations because it was not located within 800 feet of the mean high water line. RW filed a legal challenge after the most recent vote, arguing the commission’s decision was arbitrary and capricious.
Meanwhile, as the legal fight proceeds, RW attorneys said they plan to make the same basic presentation, but with one significant change: they will use the water’s edge as their starting point. The attorneys said they will argue riparian rights–a system for allocating water among those who possess land along its path–give them access to the water.
Prior to the March presentation, Biloxi Boardwalk Association Director Rob Stinson said, “I think the RW Development project just goes hand in hand with bringing more traffic, tourism and more business to the water.”
