BILOXI, Miss. (WLOX) – A lawsuit filed by the Secretary of State’s office Wednesday claims that Tullis Gardens developers need a tidelands lease and do not have access to the shoreline without it.

The lawsuit was filed in Harrison County Chancery Court one day before Tullis Gardens is set to appear before the state gaming commission for site approval of its proposed casino.

Among the requirements to get site approval— the developer “must own and/or lease the land that is contiguous both to the parcel used to conduct gaming and the point of reference used to determine the mean high water line.”

In November 2022, Tullis Gardens entered into an agreement with the City of Biloxi for an option to purchase the old Tullis Manor property located between Ohr O‘Keefe Art Museum and Harrah’s Casino. The land included in the option stretches south of Highway 90 to the shoreline, according to the agreement.

In July 2024, the City of Biloxi agreed to enter into a lease with Tullis Gardens to build a public pier south of the Tullis Manor property.

Secretary of State Michael Watson challenges the validity of that agreement and the lease. The lawsuit states that the City of Biloxi falsely represented to Tullis Gardens that the Tullis Manor property included land to the water line. It also states that Tullis Gardens’ lease agreement with the City of Biloxi to build a public pier was only for the purpose of applying for gaming site approval.

It is unclear how this lawsuit will affect Tullis Gardens’ Thursday appearance before the Mississippi Gaming Commission for its site approval request.

WLOX News is actively working on this story and will update with more information as it develops.

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