Biloxi’s Tivoli casino gets site approval after two decades of delays

The long-delayed Tivoli casino project in Biloxi cleared a major hurdle on Thursday after the Mississippi Gaming Commission granted site approval to Biloxi Capital, LLC, nearly two decades after the resort was first proposed.

The approval allows the developers to move forward with plans for a large-scale casino and hotel complex, but still requires them to demonstrate financial readiness and secure permits for both the resort and a waterfront pier that connects the casino to the Gulf Coast, as mandated by state law, reports SunHerald.

The 32-acre Tivoli site, acquired by developer Danny Conwill for $40 million after Hurricane Katrina, sits between Holley Street and the Biloxi Yacht Club, north of U.S. 90. The proposed resort includes a 1,300-room hotel, a 100,000-square-foot casino featuring 2,000 slot machines and 75 table games, a sportsbook, convention space, and other amenities.

Site approval had been repeatedly delayed, most recently in January, due to legal opposition from Mississippi Secretary of State Michael Watson. The dispute centered on whether the City of Biloxi and Harrison County had the authority to lease tidelands for the project’s required pier.

In April 2025, Circuit Court Judge Lisa Dodson ruled against the state, citing a 2021 Mississippi Supreme Court decision in a similar case involving R.W. Development.

“The state can point to nothing that distinguishes this case from RW Development,” Judge Dodson wrote. “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.”

Despite the favorable ruling and Thursday’s site approval, a separate lawsuit from the Secretary of State remains pending in Chancery Court and is expected to be heard by the end of July.

The Tivoli project is one of two casino developments in East Biloxi that have received site approval. The second, the Tullis Gardens Casino, was approved in December 2024, but is also entangled in legal disputes over tidelands. That project envisions a 300-room hotel, a 53,280-square-foot casino with 909 slot machines and 35 table games, a sportsbook, and dining facilities.

Luke Lenzi, CEO and attorney for Tullis Gardens, said legal challenges could stretch the development timeline significantly.

“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. “There can be no real significant development on the Coast in that type of environment. The city and all the parties need to come together and work together for the betterment of One Coast.”