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Saturday, Jul. 19, 2008

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Water's edge had us on edge of our seats

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The drama that played out Thursday was as intense as a TV movie or a page-turning suspense novel.

Everyone knew what was at stake. Construction of a billion-dollar casino would begin in 60 to 90 days if given a thumbs-up, or the entire project and its thousands of jobs might vaporize if the answer came back no.

The players marched into the Biloxi Community Center. The Mississippi Gaming Commission, up on the stage, had moved the meeting from Jackson to the Coast for the momentous decision. Into the audience came bankers and builders, curious casino executives, passionate residents and business leaders, and determined lawyers armed with maps and arguments.

The officials came, too, led by Bobby Moak from the House Gaming Committee and other state legislators, along with Biloxi Mayor A.J. Holloway and members of the City Council and Planning Commission.

Back and forth the arguments swung. On one side were the obvious economic benefits, the toe of the seawall and riparian rights. On the other were issues of fairness to existing casinos, the sand beach and the proliferation of casinos along the beach from Biloxi past Waveland.

The Gaming Commission was tasked with looking at whether South Beach is a legal site and asked the speakers to do the same.

In the end it wasn't that South Beach is north of U.S. 90 - that would have been OK if the other qualifications were met. It wasn't where the 800-foot measurement started for onshore casinos - the distance from that point could have been adjusted by the placement of the casino.

In the end the Gaming Commission rejected the lawyers' and engineers' claims the seawall is the water's edge. Ultimately it went back to something Gaming Commission Executive Director Larry Gregory said last year when the Tivoli Casino site was being considered for waterfront rezoning.

Ask 100 people where the water's edge is and they will all point to the same spot, Gregory said. Ask 100 lawyers and they will point to 100 different spots.

The lawyers disagreed, as did many in the audience. But most respected the Gaming Commission for coming to Biloxi, for listening to three hours of comments and looking the people of Biloxi in the eye when the decision was made.

The ruling brought a smattering of applause from those who agreed and "I can't believe it" from those who saw another billion-dollar casino evaporating like the proposed Tivoli had a year before. Councilman Ed Gemmill shook his head and questioned the decision. Councilman George Lawrence said he felt vindicated by his position that South Beach wasn't a legal site.

A few months ago Holloway said he thought it was time to take House Bill 45, which allowed onshore casinos, out for a test drive. The Gaming Commission drove it around but didn't buy.

The drama isn't over. Ray Woolridge and his team will have to decide whether to appeal the legal interpretation and other developers will examine their plans to see if they make sense as Biloxi moves forward.

Just Krewson is a column of opinion by staff writer Mary Krewson Perez. She can be reached at 896-2354 or at meperez@sunherald.com
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