Resident appeals casino amendment decision to circuit court

Published 12:12 am Wednesday, February 29, 2012

NATCHEZ — A Natchez resident has filed an appeal to the Natchez Board of Aldermen’s approval of the third amendment to the city’s lease with Roth Hill casino developers.

Neil Varnell filed the appeal in the Adams County Circuit Court Monday. According to the notice of appeal document, Varnell is appealing the approval because the aldermen’s decision is a nullity and void.

Additionally, the document states the aldermen’s approval of the amendment was “arbitrary, capricious, an abuse of discretion, beyond the City’s power and in violation of law.”

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Varnell’s attorney, Wilson Carroll, said the appeal addresses a number of issues with the aldermen’s approval of the lease amendment.

“There are numerous problems with the way it was handled,” Carroll said. “We believe we have some pretty good grounds for the reversal of the decision.”

The aldermen voted 5-1 at a specially called meeting on Feb. 15 to approve the amendment. Ward 6 Alderman Dan Dillard voted against the amendment.

The amendment, proposed by Natchez Gaming Enterprises, was first presented to the aldermen on Jan. 18. The aldermen unanimously voted to deny the amendment at a specially called meeting on Feb. 2.

The aldermen met four more times this month to discuss and revise the amendment before finally approving it. The aldermen spent nearly six hours during those meetings in closed-door executive sessions discussing the amendment with city officials and Scott Andress, the outside attorney the city hired to advise them on the amendment.

The Mississippi Gaming Commission requested a copy of the finalized lease from Natchez Enterprises as part of the funding documents the company had to submit by Feb. 24.

Commission Deputy Director Eddie Williams said Tuesday that Natchez Enterprises was granted a 120-day extension on Feb. 23 to submit the company’s funding documents.

In addition to the lease, the funding documents include final letters of commitment from the casino’s funding sources.