HARRISON COUNTY, MS (WLOX) - The attorney for RW Development has filed an appeal in Harrison County Circuit Court against the Mississippi Gaming Commission for its decision to reject a site for a casino proposal in Biloxi.
The appeal called the commission's decision "arbitrary and capricious."
"The decision was without any reason whatsoever," the appeal states. "Neither the Executive Director nor the Commission articulated any reasons for denial of site approval."
The vote on March 16 took place after a 90-minute executive session the appeal claims was a violation of the Gaming Control Act and state open meeting laws. After the executive session, the three commissioners came out and voted very quickly to reject the Biloxi site and another one on the coast, then walked out.
The appeal also states the commission did not allow RW Development to make a presentation even though their application was on the agenda for consideration.
The site proposal is at the intersection of Veterans Ave. and Hwy. 90. The issue focuses on where the mean high water line begins.
Both the Biloxi site and one in Diamondhead, proposed by Jacobs Entertainment, were denied at the March 16 meeting.