Gulfside Casino P'ship v. Miss. State Port Auth. at Gulfport


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Docket Number: 1998-CA-00246-SCT
Supreme Court: Opinion Date: 03-30-2000
Opinion Author: WALLER, JUSTICE
Holding: AFFIRMED
Additional Case Information: Judge(s) Concurring: PRATHER, C.J., PITTMAN, P.J., MILLS AND COBB, JJ.
Judge(s) Concurring Separately: BANKS, P.J. SMITH, J. McRAE, J.
Non Participating Judge(s): DIAZ, J.
Dissenting Author : BANKS, P.J.
Dissent Joined By : SMITH, J. McRAE, J.
Procedural History: Bench Trial
Nature of the Case: Contract
Trial Court: Date of Trial Judgment: 01-09-1998
Appealed from: Harrison County Chancery Court
Judge: Jason H. Floyd, Jr.
Disposition: chancellor entered a judgment finding that (1) the Port Authority had no obligation to approve construction of a hotel upon the leased premises; (2) the Port Authority had no obligation to approve substitution of a barge for the pre-approved Copa vessel; (3) the Port Authority did not violate the terms of the lease in denying such requests; (4) the Port Authority's request for a declaratory judgment stating that it had effectively exercised its right of cancellation was denied; (5) the Port Authority's request that the court order Gulfside to vacate the premises was denied; and (6) Gulfside's counterclaim for damages against the Port Authority based upon breach of contract, breach of implied covenant of good faith and fair dealing, misrepresentation, and breach of the covenant of quiet enjoyment was denied.
Note: BANKS, P.J., CONCURS IN PART AND DISSENTS IN PART WITH SEPARATE WRITTEN OPINION JOINED BY SMITH, J. McRAE, J., JOINS IN PART.
  Party Name: Attorney Name:  
Appellant: GULFSIDE CASINO PARTNERSHIP, a Mississippi General Partnership




 E. CLIFTON HODGE, JR. JOHN VERNON WOODFIELD JAMES W. CRAIG JOHN W. ROBINSON, III



  
Appellee: MISSISSIPPI STATE PORT AUTHORITY AT GULFPORT AND MISSISSIPPI DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT OFFICE OF THE ATTORNEY GENERAL BY: CATHERINE LAVERINE FARRIS HARRY R. ALLEN DAVID W. CRANE J. ADRIAN SMITH  


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