Miss. Gaming Comm'n v. Simon
| Docket Number: | 2008-SA-02066-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-15-2009 Opinion Author: Irving, J. Holding: Reversed and rendered |
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| Additional Case Information: |
Topic: Gaming - Work permit - Section 75-76-131(5) Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., GRIFFIS, BARNES, ISHEE, ROBERTS, CARLTON AND MAXWELL, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 10-30-2008 Appealed from: TUNICA COUNTY CIRCUIT COURT Judge: Al Smith Disposition: REVERSED COMMISSION’S DENIAL OF WORK PERMIT AS ARBITRARY AND CAPRICIOUS Case Number: 2007-282 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | MISSISSIPPI GAMING COMMISSION |
OFFICE OF THE ATTORNEY GENERAL: DEANNE B. SALTZMAN, THOMAS H. MUELLER |
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| Appellee: | EDWARD SIMON | ROBERT S. LITTLE JR. | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Gaming - Work permit - Section 75-76-131(5) |
| Summary of the Facts: | The Mississippi Gaming Commission denied the work permit application of Edward Simon. Simon appealed to circuit court, which reversed and found that the Commission’s denial was arbitrary and capricious. The Commission appeals. |
| Summary of Opinion Analysis: | The Commission initially granted Simon a work permit in 1994. In 1998, Simon entered a plea of guilty to a felony marijuana possession charge and received deferred adjudication, which he successfully completed. Despite the felony, the Commission renewed Simon’s work permit in 1998, 2000, and 2002 or 2003. In 2006, Simon applied for a work permit, but the Commission’s executive director denied same due to Simon’s having pleaded guilty to a felony. As the circuit court properly found, there is no requirement that Simon have been convicted of a felony before being denied a work permit. Section 75-76-131(5) does not require that Simon be convicted of a felony. Also, unlike the other grounds listed in section 75-76-131(5), there is no discretion on the part of the Commission when an applicant has committed a felony. Rather, an applicant who has committed a felony “shall” be denied a work permit. Therefore, the Commission had no discretion in denying Simon’s work permit. While there is no explanation of why Simon’s permit was renewed after he committed a felony, that fact does not mean that the Commission’s denial of his work permit was arbitrary and capricious; in fact, according to the statute, the Commission had no choice but to deny Simon’s application. That the Commission improperly acted in contravention of the statute several times prior to the denial merely means that Simon improperly held a work permit for several years when such should have been denied to him. |
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