Treasure Bay's 217 foot mast is more than 100 feet higher than Biloxi's new limits. Treasure Bay CEO Bernie Burkholder says the height restriction could stop the casino's plans to move to the east for better storm protection. If they can't move, Burkholder says the casino could shut down. "It's definitely a concern. If we're hit with a storm and we're not able to move and we're hit with a storm that is a very real possibility for this business and a thousand jobs," says Burkhalter.
Treasure Bay's attorney says the city should allow the casino and two proposed nearby high rise condo sites the right to be exempt from the height limit. "These properties were here and they were up and operating and they bought the property based on the understanding they'd be able to build to this height," says Britt Singletary. He says the council's vote sends a very unwelcome message to future development. "I think any developer that would seriously consider building in Biloxi better have a one story shopping mall in mind...nothing taller than than. The actions of the city council and the city planning department in this very instance I think's gonna have negative repercussions on the city and people who want to build here." Councilman Tom Wall agrees and says a lawsuit is no surprise. "It's just sickening to me to know that we put ourself in that situation that we didn't need to. We didn't have to do that. We're just a very unfriendly city as far as development's concerned." Wall says that unfriendliness could cost the city big bucks in court.