Court Ruling And Site Approval Push Tivoli Project Forward

The Tivoli casino project in Biloxi, first floated nearly 20 years ago, has finally taken a big step forward. After years of legal delays and red tape, the Mississippi Gaming Commission has granted site approval to developer Biloxi Capital, LLC, allowing the long-discussed resort to inch closer to reality.

Good to know

• Tivoli will include a 1,300-room hotel and a 100,000-square-foot casino with 2,000 slots.
• A waterfront pier is required by state law to connect the casino to the Gulf.
• A separate lawsuit from the Mississippi Secretary of State is still pending.

The site approval came last week and gives the developer the green light to keep planning the casino-hotel complex, which would sit on a 32-acre site between Holley Street and the Biloxi Yacht Club. But the developers still need to show they have the financing in place and secure all the necessary permits, including for the Gulf-facing pier that is required by state law for any casino located north of U.S. 90.

Danny Conwill, who purchased the Tivoli site for $40 million after Hurricane Katrina, has been pushing to get this project moving for years. His plans include a resort with 1,300 hotel rooms, a large casino floor with 2,000 slot machines and 75 table games, a sportsbook, convention space, and other amenities aimed at bringing more tourism to East Biloxi.

Progress has been anything but smooth. Earlier delays centered around a legal battle over who had the right to lease tidelands for the pier. Mississippi Secretary of State Michael Watson had challenged the lease agreement made by the City of Biloxi and Harrison County, arguing they lacked the authority. But in April 2025, Circuit Judge Lisa Dodson sided against the state.

Referring to a 2021 Mississippi Supreme Court decision in a similar case, Judge Dodson wrote:

“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.”

Even with that ruling and the Commission’s site approval in place, the legal fight is not over. A separate challenge from Watson is still pending in Chancery Court and could be heard by the end of July.

Tivoli is not the only casino project trying to break ground in the area. The nearby Tullis Gardens Casino also received site approval in December 2024. That resort would be smaller, with a 300-room hotel and a casino hosting 909 slots and 35 table games. But like Tivoli, it too is caught in legal challenges over tidelands and permitting.

Luke Lenzi, who leads Tullis Gardens, said these legal battles could drag out for years:

“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. 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.”

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