The Mississippi Gaming Commission (MGC) recently voted to approve RW Developments’ application to build the ninth casino in Biloxi and the thirteenth on the Mississippi Coast. The commission’s okay came after four attempts over 16 years by the developer to gain approval for the casino at Veterans Avenue and Highway 90.
Commissioners also approved RW Development’s proposal to rebuild the damaged pier south of Veterans Avenue and make it handicapped accessible. Officials said construction on the $3 million pier project will start before building the casino.
MGC Executive Director Jay McDaniel urged commissioners to support the action.
However, Mississippi Secretary of State Michael Watson said, “This latest episode of the RW Development saga reeks more of politics than a legal development.” Opponents said the plan is illegal and unsuitable.
Attorney Michael Bruffey, speaking against the casino-site approval, told WLOX, “The language in the lease itself clearly states that the lessee shall be entitled to the non-exclusive use and possession of the premises, and the lessee shall use the premises for the use of non-gaming.”
In response, RW Development attorney Michael Cavanaugh said, “It was challenged and ultimately approved by the Chancery Court of Harrison County and later validated by the Supreme Court of Mississippi as a valid lease.”
Per WLOX, Watson said he “firmly” disagreed with the high court’s decision and felt the commission “incorrectly assessed and improperly applied the court’s decision. The commissioners decided the simple existence of the original lease to rebuild a public pier was sufficient to give RW Development private opportunities on the public sand beach and to grant the very site approval that had three times been disallowed, yet now ‘meets all statutory regulatory requirements.’”
Watson said he wants state legislators to reaffirm the state’s ownership, management and control of the state-owned Public Trust Tidelands, including the public sand beach in Harrison County.
Per WLOX, he said, “As the legislatively delegated trustee agent for the state’s Public Trust Tidelands and a Gulf Coast native, I strive to protect the trust and ensure its benefit to all Mississippians, and the RW Development situation is no different.”
Under the commission’s approval, RW Development now has three years to present final plans to commissioners.
