A lengthy legal dispute regarding a proposed casino resort in Biloxi, US, has taken a major step forward after a circuit court judge upheld a key regulatory approval for the development.
The Approval Was Legal
Circuit Judge Randi Mueller ruled that the Mississippi Gaming Commission acted within the law when it approved a casino site in East Biloxi for the planned Tullis Gardens Hotel and Casino.
The venue is set to be built on city-owned waterfront property where the historic Tullis-Toledano Manor once stood.
The approval was initially offered in December 2024, but the project was hit with a series of legal challenges from competing operators as well as industry groups. The list includes Treasure Bay LLC and the Mississippi Gaming and Hospitality Association.
The plaintiffs argued that the site did not meet legal requirements for casino development and sought to block the project.
However, Judge Mueller concluded that the property is eligible for casino development under laws passed after Hurricane Katrina, which allow casinos to be built on land-based structures as long as developers maintain control extending to the water.
Before Katrina, Mississippi law restricted casinos to floating structures located directly on navigable waters.
The ruling also referenced previous decisions by the Mississippi Supreme Court, which determined that certain parcels of waterfront land in East Biloxi were never owned by the state due to historic Spanish land grants. That interpretation supported the city’s claim to ownership of the land in question.
Not There Yet
The ruling, nonetheless, did not fully clear the project to proceed, with a lingering separate lawsuit filed by the Mississippi Secretary of State remaining active in chancery court.
The suit challenged the city’s authority to lease the waterfront property for casino development. The case argues that the land falls under state control due to tidal boundaries and public trust doctrine concerns.
For now, the future of the proposed casino remains tied to further court decisions, even as developers continue to push forward with plans for the East Biloxi waterfront site.