The Mississippi Gaming Commission rejected a casino development proposal from RW Development for the third time. The chairman of the commission expressed sympathy for RWD’s situation, but said the commission could not enact new laws.
The commission rejected RW Development’s proposal to build a casino at U.S. 90 and Veterans Avenue in Biloxi. The Gaming Commission rejected an earlier petition on March 16 for the Biloxi casino, which RW Development planned to build on a site rejected by the commission several years ago when another developer pitched the plan.
At the time, the commission suggested 7 reasons for rejecting the application, including the mean waterline on the casino.
Commission Rejected RW Development in March
Also on March 16, the commission rejected a casino development plan by Jacobs Entertainment, which was designed for Diamondhead. Two weeks after the commission’s decision, Michael J. Cavanaugh, an attorney for Jacobs Entertainment and RW Development, filed an appeal in Harrison County Court.
The appeal said that due process was not given to RW Development, because they had no opportunity to pitch their proposal. The filing also suggested the commission approved other applicants’ casino proposals, which showed evidence of having a similar high-water line. This week’s appeal hearing might have been to satisfy RW Development’s complaints, but it seems to have had the opposite effect.
Al Hopkins’ Sly Rejection
For a moment, it appeared as if MGC Chairman Al Hopkins (pictured) was siding with the development company. Hopkins said, “As chair, I move that the RW site be found legal. Do I have a second?”
After a brief pause, though, Chairman Hopkins added, “I do not have a second,” then he declared the plan to be rejected (“illegal” in some recountings). To make matters worse, Hopkins later announced the commission unanimously rejected the motion, so his earlier move to declare it legal was rhetorical.
The scene caused confusion with RW Development’s lawyers, so Al Hopkins explained to those present why the commission could not accept the development plan. The chairman said, “If a commission can put in a regulation that overrules the law, then we have no need for the legislature or the governor.”
RW Development Improved Waterline
RW Development came to the Mississippi Gaming Commission hearing ready to argue that improvements to the site’s waterline was legal. The waterline issue was the reason the plan was rejected a couple of months ago, so RW Development believed their improvements had eliminated the main obstacle to moving ahead.
Michael Cavanaugh on Due Process
Michael Cavanaugh, the head lawyer for RW Development, said that the Mississippi Gaming Commission did not give his client a fair hearing. Instead, said Cavanaugh, “They didn’t give us due process. They didn’t give us the opportunity to present our application.”
The lawyer said the company might take the case to the Mississippi Supreme Court, but indicated a decision had not been made on the development company’s next step. When asked about the gaming chairman’s method in rejecting the case, Cavanaugh said he was as confused as everyone else in the moment.
In fact, he sounded as if he was still confused by the logic Al Hopkins used. Earlier, the commission stated regulations kept them from approving a casino license. Now, says Cavanaugh, the regulations do not matter and the commission claims any action would be tantamount to writing new laws.
Indicating RW Development was asking the established law to be applied and not for a rewrite of the statutes, Michael Cavanaugh said, “The law should control the outcome, but he also believes that the regulation controls it. So, it’s somewhat confusing; to be honest with you.”
Brandon Woolridge Vows to Continue
Brandon Woolridge, son of RW Development’s owner, Ray Woolridge, was in attendance at the hearing. The younger Mr. Woolridge said he was stunned by what he heard in the hearing, because it was a different tone than anything he had seen before in the process.
The RW Development executive said, “I’ve only been to three gaming commission meetings, all for RW, and every one has been different. This is not what we expected. Of course, we want site approval.”
RW Development’s Biloxi Casino Development Plan
Unlike Michael Cavanaugh, Brandon Wooldridge sounded a bit more certain of the company’s next move. He indicated the rejection was not the last people would hear of RWD’s casino plan when he said, “We will continue to fight. In his own words — it is a legal site based on state gaming law.”
“We’ll continue to pursue the site and continue to do all the other developments were doing in the area.”
