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MISSISSIPPI GAMING COM'N v. BD. OF EDUC.

No. 95-CA-00133-SCT.

691 So.2d 452 (1997)

MISSISSIPPI GAMING COMMISSION; W.W. Gresham, Chairman; Victor Smith, Commissioner; Robert Engram, Commissioner; Major General Paul Harvey, Executive Director; and Mike Moore, Attorney General, v. BOARD OF EDUCATION, Harrison County, Mississippi and Royal Casino Corporation.

Supreme Court of Mississippi.

Rehearing Denied May 22, 1997.

Attorney(s) appearing for the Case

Michael C. Moore, Attorney General, M. Carole Brand, Sp. Asst. Attorney General, Jackson, for Appellant.

Albert L. Necaise, Gulfport, James B. Persons, Alben N. Hopkins, Thomas A. Waller, Hopkins Dodson Crawley Bagwell Upshaw & Persons, Gulfport, for Appellee.

Before PRATHER, P.J., and BANKS and McRAE, JJ.

McRAE, Justice.

The Mississippi Gaming Commission files an appeal from a December 30, 1994 order of the Harrison County Circuit Court finding arbitrary, capricious, and unsupported by the evidence or applicable law its determination that Sixteenth Section land located on Bernard Bayou in Gulfport, Mississippi, which Royal Casino sought to develop, was not a legal gambling site. Aggrieved by the circuit court's ruling, the Commission now asks this

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