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MISS. CASINO OPERATORS ASS'N v. MISS. GAMING COM'N

No. 94-CC-00235-SCT.

654 So.2d 892 (1995)

MISSISSIPPI CASINO OPERATORS ASSOCIATION v. MISSISSIPPI GAMING COMMISSION; Pine Hills Development Partnership, d/b/a Gold Strike Resort and Casino; Lone Star Pine Hills Corporation; and Family Lands, Limited Partnership.

Supreme Court of Mississippi.

April 13, 1995.

Attorney(s) appearing for the Case

R. David Kaufman, P. Brooks Eason, Brunini, Grantham Grower & Hewes, Jackson, for appellant.

Alan W. Perry, Forman Perry Watkins & Krutz, Jackson, Ben H. Stone, Scott E. Andress, Eaton & Cottrell, Boyce Holleman, Gulfport, Tim C. Holleman, Gulfport, Frank D. Montague, Jr., Montague Pittman & Varnado, Hattiesburg, for appellee.

En Banc.

BANKS, Justice, for the Court:

Here we are called upon to address the limits of the discretion vested in the Mississippi Gaming Commission with respect to the approval of sites for casino gambling operations on the Mississippi Gulf Coast. More specifically, we are asked to decide whether the Commission may lawfully approve a site not presently on water, where the building plans call for the dredging of an inlet and protected cove for placement of the casino on water...

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