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MISSISSIPPI GAMING COM'N v. PENNEBAKER

Nos. 97-SA-01621-SCT, 1998-SA-01077-SCT.

824 So.2d 552 (2002)

MISSISSIPPI GAMING COMMISSION and the Mayor and Aldermen of the City of Vicksburg, Mississippi v. E.L. PENNEBAKER, Jr., and Horseshoe Gaming, Inc. The Mayor and Aldermen of the City of Vicksburg, Mississippi, Mississippi Gaming Commission, Riverboat Corporation of Mississippi—Vicksburg, Ameristar Casino Vicksburg, Inc., and Harrah's Casino v. E.L. Pennebaker, Jr., and Horseshoe Gaming, Inc.

Supreme Court of Mississippi.

Rehearing Denied September 5, 2002.

Attorney(s) appearing for the Case

Office of the Attorney General by: Charlene R. Pierce, R. Stewart Smith, Joan Myers, Nancy Davis Thomas, Walterine Langford, Jane W. Craig, Dan M. McDaniel, R. Scott Levanway, Daniel G. Hise, attorneys for appellants.

William E. Spell, Clinton, Scott E. Andress, Ben Harry Stone, Gulfport, attorneys for appellees.

EN BANC.

COBB, J., for the Court.

¶ 1. Horseshoe Gaming, Inc. (Horseshoe) sought approval of a gaming site on the Big Black River in Warren County, Mississippi. The Mississippi Gaming Commission (the Commission) determined that the site was not suitable for gaming. E.L. Pennebaker, Jr., who claimed he owned real property adjacent to the proposed site, filed an appeal from that decision, as an "aggrieved person", in the Hinds County Circuit Court, Second Judicial District...

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