Mississippi Code
Miss. Code Ann. § 75-76-167 (2024)
Resolution of claim by patron; judicial review of decision of commission; petition for review
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (1) Any person aggrieved by a final decision or order of the commission made after hearing by the commission pursuant to Sections 75-76-159 through 75-76-165, inclusive, may obtain a judicial review thereof in the circuit court of the county in which the dispute between the licensee and patron arose.
- (2) The judicial review must be instituted by filing a petition within twenty (20) days after the effective date of the final decision or order. The petition must set forth the order or decision appealed from and the grounds or reasons why petitioner contends a reversal or modification should be ordered.
- (3) Copies of the petition must be served upon the executive director and all other parties of record, or their counsel of record, either personally or by certified mail.
- (4) The court, upon a proper showing, may permit other interested persons to intervene as parties to the appeal or as friends of the court.
- (5) The filing of the petition does not stay enforcement of the decision or order of the commission, but the commission itself may grant a stay upon such terms and conditions as it deems proper.
Laws, 1990 Ex Sess, ch. 45, § 85, eff. 6/29/1990.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1998–2023 · leading case: Thomas v. Isle of Capri Casino & CDS, 781 So. 2d 125 (Miss. 2001).
Thomas v. Isle of Capri Casino & CDS, 781 So. 2d 125 (Miss. 2001). “Regardless of whether Miss.Code Ann. § 75-76-167 (2000) confers jurisdiction or connotes venue, the proper course of action when a Gaming Commission decision is appealed to the wrong court is to transfer the action to the proper court.”
Lawrence Cnty. Sch. Dist. v. Brister, 823 So. 2d 459 (Miss. 2001). “" Miss.Code Ann. § 75-76-167(1) (2000) (emphasis added).”
Mississippi Gaming Com'n v. Freeman, 747 So. 2d 231 (Miss. 1999). “Miss.Code Ann. § 75-76-167 (1991). The review by the circuit court is conducted without a jury and must not be tried de novo but is confined to the record on review.”
Scherer v. MGM Resorts Int'l, No. 1:22-cv-00258, 2023 WL 2776675 (S.D. Miss. Apr. 4, 2023). “3d at 67-70; Miss. Code Ann. § 75-76-167 . Thus, a Mississippi state court would lack jurisdiction over Plaintiff’s claims if they were initially filed in their present form, that is without proceeding through the Gaming Commission’s administrative process.”
James C. Thomas v. Isle of Capri Casino, No. 1999-SA-01476-SCT (Miss. July 30, 1999). “To support this contention, the Isle and CDS cite Miss. Code Ann. § 75-76-167 (1) (2000), which states the following: Any person aggrieved by a final decision or order of the commission made after hearing by the commission pursuant to sections 75-76-159 through 75-76-165,…”
Payton v. Boomtown Casino, 61 So. 3d 969 (Miss. Ct. App. 2011). “Miss.Code Ann. § 75-76-167 (Rev.2009). The review by the circuit court is conducted without a jury and must not be tried de novo, but it is confined to the record on review.”
Mississippi Gaming Comm'n v. Effie Freeman, No. 98-CC-00337-SCT (Miss. Jan. 30, 1998). “Miss. Code Ann. § 75-76-167 (1991). The review by the circuit court is conducted without a jury and must not be tried de novo but is confined to the record on review.”
Lawrence Cnty. Sch. Dist. v. Clayton Brister, Jr., No. 1999-IA-00845-SCT (Miss. May 10, 1999). “" Miss. Code Ann. § 75-76-167 (1) (2000) (emphasis added).”
Miss. Code Ann. § 75-76-167(1): 3 cases
Thomas v. Isle of Capri Casino & CDS, 781 So. 2d 125 (Miss. 2001). “Regardless of whether Miss.Code Ann. § 75-76-167 (2000) confers jurisdiction or connotes venue, the proper course of action when a Gaming Commission decision is appealed to the wrong court is to transfer the action to the proper court.”
Lawrence Cnty. Sch. Dist. v. Brister, 823 So. 2d 459 (Miss. 2001). “" Miss.Code Ann. § 75-76-167(1) (2000) (emphasis added).”
James C. Thomas v. Isle of Capri Casino, No. 1999-SA-01476-SCT (Miss. July 30, 1999). “To support this contention, the Isle and CDS cite Miss. Code Ann. § 75-76-167 (1) (2000), which states the following: Any person aggrieved by a final decision or order of the commission made after hearing by the commission pursuant to sections 75-76-159 through 75-76-165,…”
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