Tullis Gardens Casino Development Faces Legal Hurdles in Biloxi
The picturesque city of Biloxi, Mississippi, is often associated with crystal-clear beaches and vibrant casinos. However, recent developments surrounding the proposed Tullis Gardens casino have turned the spotlight on some serious legal and regulatory challenges that could have significant implications for the project, local businesses, and the gaming landscape in the region.
The Pause on Approval
On Thursday, the Mississippi Gaming Commission convened to discuss the approval of the Tullis Gardens casino site. During this meeting, it was decided to temporarily pause the decision, allowing commissioners to deliberate on a lawsuit filed by the Secretary of State’s office and a multitude of letters of opposition. Executive Director Jay McDaniel announced that this delay would provide the commission ample time to thoroughly review the complaints against the proposed casino project.
Opposition from Established Casinos
WLOX News has reported on the letters of opposition submitted to the commission, which include significant critiques from the Mississippi Gaming and Hospitality Association, alongside four prominent Biloxi casinos: Treasure Bay, Harrah’s Gulf Coast, Beau Rivage, and Golden Nugget. These establishments have raised valid concerns regarding the property that Tullis Gardens has optioned from the City of Biloxi. Specifically, they assert that the land does not extend all the way to the water line, leading to questions about the developer’s intentions to build a public pier through a lease agreement with the city.
The Legal Landscape
The core of the issue lies in Mississippi law concerning gaming site approvals. To obtain these approvals, developers are required to own or lease land that is contiguous to both the parcel intended for gaming and the point used to determine the mean high water line. This becomes particularly significant for Tullis Gardens, as their agreement with the City of Biloxi for the option to purchase the Tullis Manor property stretches from Highway 90 to the shoreline but potentially lacks the necessary legal boundaries to extend its operations as desired.
In November 2022, an option agreement was made with the city regarding the old Tullis Manor site, which is strategically located between notable establishments such as the Ohr O’Keefe Art Museum and Harrah’s Casino. This agreement is founded on an area initially recognized under the 1784 Spanish land grant.
The Lawsuit from the Secretary of State
The day prior to the Gaming Commission meeting, Secretary of State Michael Watson escalated the situation by filing a lawsuit against Tullis Gardens. The lawsuit claims that the city misrepresented the boundaries of the Tullis Manor property, suggesting it extended to the water line. It further contends that the lease agreement for the public pier intended to facilitate gaming site approval must also include a tidelands lease—an additional layer of legal complexity.
Watson’s position is not without precedent. His assertions align with past legal struggles, particularly in cases that have reached the Mississippi Supreme Court. Notably, the rulings in Mississippi v. RW Development and Mississippi v. Aldrich confirmed that municipalities are not obligated to secure tidelands leases when building piers or landings, despite the involvement of private entities.
Response from Stakeholders
With litigation ongoing, Secretary of State Michael Watson chose to refrain from commenting further on the matter. However, Tullis Gardens’ developers maintain a positive outlook. In a statement sent to WLOX News, they expressed their commitment to the development and optimism about overcoming these challenges.
What Lies Ahead
The future of the Tullis Gardens casino development is now enmeshed in legal ambiguities and regulatory scrutiny. As the Mississippi Gaming Commission reviews the Secretary of State’s lawsuit and the letters of opposition, the outcome will not only affect the proposed casino but will also ripple through Biloxi’s gaming landscape. Stakeholders will be watching closely as the commission prepares to reevaluate the implications of building a casino in this historic region—one that is rich in both culture and potential economic development.
The drama continues to unfold in Biloxi, and this story is far from over. With the stakes high for both the developers and existing local business competitors, the next steps taken by the Gaming Commission will be critical in shaping the gaming future of the Gulf Coast region.
