Tullis Gardens Casino Development Paused: Legal Challenges and Local Opposition Mount
Biloxi, Mississippi – A Controversy Brews Over Gaming Development
In a significant turn of events, the approval process for the Tullis Gardens casino site in Biloxi, Mississippi, has been placed on hold. This pause, announced by the Mississippi Gaming Commission, is influenced by a lawsuit from the Secretary of State’s office and a series of opposition letters from local entities. This development raises questions about the future of the proposed casino and its implications for the Biloxi community.
A Pause on Project Approval
On Thursday, developers of Tullis Gardens appeared before the Mississippi Gaming Commission to present their case for casino site approval. Executive Director Jay McDaniel informed attendees that the commission decided to delay its ruling. This decision allows commissioners time to thoroughly review the ongoing lawsuit filed by Secretary of State Michael Watson and the opposition letters from established casinos in the region.
The scrutiny surrounding the Tullis Gardens project stems from concerns regarding land ownership and its implications for the planned gaming operations.
Opposition from Established Casinos
Among the letters of opposition submitted to the gaming commission, two stood out. The Mississippi Gaming and Hospitality Association, alongside four well-known Biloxi casinos—Treasure Bay, Harrah’s Gulf Coast, Beau Rivage, and Golden Nugget—expressed their objections. The key contention is that the property optioned by Tullis Gardens from the City of Biloxi does not extend to the water line. This critical detail puts into question the developer’s intentions to build a pier through a lease agreement made with the city.
To obtain gaming site approval, developers must demonstrate ownership or leasing rights to land adjoining both their gaming operations and the mean high water line. The contention around land rights could impede the project’s progression.
The Tullis Gardens Project: Background and Lease Agreements
In November 2022, Tullis Gardens proactively entered into an agreement with the City of Biloxi for an option to purchase the old Tullis Manor property, strategically located between the Ohr O’Keefe Art Museum and Harrah’s Casino. The land in question stretches south of Highway 90 to the shoreline, making it part of the historically significant 1784 Spanish land grant, a factor that adds complexity to the ownership and leasing discussions.
In July 2024, the city approved a lease with Tullis Gardens to construct a public pier south of the Tullis Manor property. However, this agreement also comes under scrutiny, as the Secretary of State’s lawsuit suggests that the lease was intended merely to facilitate the application for gaming site approval rather than representing a legitimate claim to the waterfront property.
Legal Challenges and Precedents
The lawsuit filed by Secretary of State Watson on the eve of the gaming commission meeting has drawn parallels to previous legal challenges faced in the state. Notably, two cases presented to the Mississippi Supreme Court affirmed decisions against positions taken by the Secretary of State with respect to tidelands and property ownership disputes.
In Mississippi v. RW Development, Watson asserted that a tidelands lease was necessary for constructing a public/private pier. The Supreme Court ruled in favor of the city and developers, stating that state law does not enforce such leases for pier infrastructure, even when private entities are involved.
Similarly, in Mississippi v. Aldrich, the court upheld the historic rights of private land ownership under the 1784 Spanish grant even in disputes involving tidelands claims by the state.
The Future of Tullis Gardens
As the situation unfolds, Secretary of State Watson remains tight-lipped on the pending litigation. However, Tullis Gardens’ developers have expressed their commitment to the project. In a statement, they conveyed optimism about moving forward despite the current legal and regulatory hurdles.
The outcome of this case has the potential to reshape not just the landscape of Biloxi’s gaming industry but also the local political and economic landscape. As community stakeholders await a resolution, the pause on Tullis Gardens’ approval illuminates the complexities of development in a region well-known for its vibrant casino scene.
Conclusion
The Tullis Gardens casino development represents a significant opportunity for Biloxi, yet it is fraught with legal challenges and opposition from established gaming entities. As the Mississippi Gaming Commission navigates this intricate landscape, the future of this ambitious project hangs in the balance. For now, local residents and stakeholders remain watchful, hoping for clarity and progress in what has become a contentious issue within their community.
