After nearly twenty years of delays, Biloxi Capital, LLC has finally secured site approval from the Mississippi Gaming Commission for its long-planned casino project at the former Tivoli Hotel location in East Biloxi. The milestone was reached during the commission’s latest monthly meeting, backed by support from Harrison County and the commission’s executive director.

This approval marks a significant development in a prolonged process that has faced multiple setbacks, including a notable legal dispute initiated by Secretary of State Michael Watson. The issue centered around the authority of the City of Biloxi and Harrison County to lease waterfront land for the construction of a pier—a requirement for casino licensing under state law.

Court reaffirms local leasing authority:

The origins of the dispute date back to 2021, when the Mississippi Supreme Court ruled in favor of the City of Biloxi and R.W. Development, stating that the state had not previously considered the waterfront land to be classified as tidelands. Therefore, the city and county held the authority to lease the property. Despite this precedent, the Secretary of State launched a new challenge in 2024 after Biloxi and Harrison County agreed to lease the pier site to Biloxi Capital, reigniting the legal debate.

Circuit Court Judge Lisa Dodson quickly dismissed the state’s appeal in April 2025, citing the earlier Supreme Court ruling. In her written decision, she noted, “The state can point to nothing that distinguishes this case from RW Development. In fact, it has not even attempted to do so. It simply chose to ignore the Supreme Court’s opinion. It is clear that the [City of Biloxi] had the legal authority to enter the lease,” as reported by WLOX. 

With this latest decision, Biloxi Capital’s plans for a sprawling casino complex can now move ahead—though additional permits are still required for both the resort and the pier. Attorney Michael Cavanaugh, representing the developers, confirmed that the team must return to the Gaming Commission with proof of sufficient funding to construct and open the facility.

The current proposal includes a 1,300-room hotel, a 100,000-square-foot gaming floor, 2,000 slot machines, 75 table games, a sportsbook, and a convention center. The $700 million project is slated for the 32-acre site bordered by Holley Street, the Biloxi Yacht Club, Howard Avenue, and U.S. 90. Biloxi Capital originally acquired the property after Hurricane Katrina for $40 million.

Nearby casino project also gains ground:

The Tivoli site isn’t the only development making headlines in East Biloxi. In December 2024, the Gaming Commission also approved the Tullis Gardens casino project, located a few blocks from the Tivoli property. However, that project remains in limbo due to an unresolved legal dispute—again involving the Secretary of State—over the use of tidelands.

Luke Lenzi, attorney and CEO of the Tullis Gardens project, expressed concerns over the protracted legal process. “At this rate, we’re at least three years out from clearing the litigation to appeals all the way up to the Supreme Court and millions of dollars in legal expenses,” he said, urging local and state stakeholders to collaborate on a path forward.

The Tullis Gardens project is slated to feature a 300-room hotel, a 53,280-square-foot casino floor, 909 slot machines, 35 table games, a sportsbook, restaurants, and other amenities.

Meanwhile, progress on the Veterans Avenue pier tied to R.W. Development remains stalled. Although an application for a scaled-down version of the pier was submitted to the Mississippi Department of Marine Resources in August 2024, visible work has yet to commence. According to WLOX, Harrison County attorney Tim Holleman indicated that, as of July 2, the project is still pending a “biological opinion” from the National Marine Fisheries Service.

With legal roadblocks gradually being cleared, at least one major casino project in Biloxi now appears poised to move forward—though other developments still face uncertain timelines due to ongoing litigation.