Developers Appeal Biloxi Rejection

RW Development and Diamondhead Real Estate, both seeking to develop casinos in Biloxi, Mississippi, filed appeals in circuit court over the state gaming commission’s rejection of their site approval requests. Both said commissioners simply accepted Executive Director Allen Godfrey’s recommendation to deny site approval without evidence or explanation.

RW Development and Diamondhead Real Estate recently filed appeals to the Mississippi Gaming Commission’s denial of site approval for their proposed casinos in Biloxi, Mississippi. Commissioners rejected both developers’ requests for site approval on March 16.

RW Development, owned by Ray Wooldridge, filed an appeal in Harrison County Circuit Court. It is seeking site approval to build a casino at U.S. 90 and Veterans Avenue. Diamondhead Real Estate, owned by Jacobs Entertainment, filed its appeal in Hancock County Circuit Court. It is seeking approval for a site in Diamondhead west of Yacht Club Drive. The gaming commission previously denied site approval to RW Development in 2008 and to Jacobs Entertainment in 2014.

In the appeal documents, both developers said commissioners simply accepted Executive Director Allen Godfrey’s recommendation to deny site approval without stating any evidence; gave no reason or explanation for the denial; did not allow the applicant to offer supporting information; did not permit the applicant to address the commission, either in its slot on the agenda or during public comment; and adjourned the meeting without allowing public comment.

The developers also said the commission did not submit any evidence at its February 16 hearing in D’Iberville that contradicted the location of the Mean High Water Line, meaning the proposed casino sites are legal. They also said the commissioners went into executive session in violation of the Gaming Control Act and state open meeting laws.

Godfrey said the developers have the right to pursue legal action and an appeal is part of that process. “They have the right to do what they need to do,” he said.

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