OF JUDGMENT: 07/12/2017
OF JUDGMENT: 07/14/2017
FROM WHICH APPEALED: HANCOCK COUNTY CIRCUIT COURT, TRIAL
JUDGE: HON. CHRISTOPHER LOUIS SCHMIDT,
FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT, TRIAL
JUDGE: HON. CHRISTOPHER LOUIS SCHMIDT.
COURT ATTORNEYS: MICHAEL F. CAVANAUGH GERALD HENRY BLESSEY
LOUIS FRASCOGNA WAYNE L. HENGEN MICHAEL E. BRUFFEY THOMAS B.
SHEPHERD, III KATHRYN H. HESTER SCOTT E. ANDRESS
ATTORNEYS FOR APPELLANT: KATHRYN H. HESTER THOMAS B.
SHEPHERD, III SCOTT E. ANDRESS MICHAEL E. BRUFFEY
ATTORNEYS FOR APPELLEES: MICHAEL F. CAVANAUGHLOUIS FRASCOGNA
GERALD HENRY BLESSEY
KITCHENS, P.J., KING AND BEAM, JJ.
The Mississippi Gaming & Hospitality Association
(Association) petitioned this Court for interlocutory review
of the Harrison County Circuit Court's decision to deny
its motions to participate as a respondent/appellee in the
appeals filed by RW Development, LLC (RW), and Diamondhead
Real Estate, LLC (Diamondhead), in the circuit court after
the Mississippi Gaming Commission denied their applications
for gaming site approval. The circuit court instead allowed
the Association to participate as "friend of the
court" under the Mississippi Gaming Control Act,
Mississippi Code Section 75-76-121(4) (Rev. 2016). We affirm
the circuit court's decision.
RW and Diamondhead each filed separate applications for
gaming site approval with the Gaming Commission in 2016. At a
January 2017 regular meeting of the Gaming Commission, the
chairman announced that a special hearing would be held on
February 16, 2017, for each application.
Prior to the special hearing, the Association filed a request
under the Mississippi Public Records Act on February 2, 2017,
for information related to the RW and Diamondhead
applications. On February 10, 2017, the Association filed a
nine-page letter in opposition to the applications and
attached forty-seven pages of exhibits.
On February 14, 2017, Treasure Bay Casino, an Association
member which had opposed the same RW site in 2008, submitted
the complete file Treasure Bay had submitted in opposition to
the RW site in 2008.
The Commission held two separate hearings back-to-back on
February 16, 2017. The Commission provided the following
agenda for the two hearings:
DEVELOPMENT, LLC & MAS, LLC - ...