Grand Casino Tunica v. Shindler

772 So. 2d 1036, 2000 Miss. LEXIS 241, 2000 WL 1835814
CourtMississippi Supreme Court
DecidedDecember 14, 2000
Docket1999-CA-01568-SCT
StatusPublished
Cited by17 cases

This text of 772 So. 2d 1036 (Grand Casino Tunica v. Shindler) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grand Casino Tunica v. Shindler, 772 So. 2d 1036, 2000 Miss. LEXIS 241, 2000 WL 1835814 (Mich. 2000).

Opinion

772 So.2d 1036 (2000)

GRAND CASINO TUNICA
v.
Robert N. SHINDLER.

No. 1999-CA-01568-SCT.

Supreme Court of Mississippi.

December 14, 2000.

Kathryn H. Hester, Keith R. Raulston, Jackson, Attorneys for Appellant.

Charles M. Merkel, Jr., Jack R. Dodson, Jr., Clarksdale, Attorneys for Appellee.

Before BANKS, P.J., McRAE, MILLS, JJ.

MILLS, Justice, for the Court:

¶ 1. Robert N. Shindler ("Shindler") filed a petition with the Mississippi Gaming Commission ("Commission") complaining that he was due additional winnings from the Grand Casino Tunica ("Grand Casino") for a series of mini-baccarat games he played on August 22, 1997. *1037 Shindler claims that although he wanted to bet $20,000 per hand, casino personnel would only let him bet $5000 at a time.

¶ 2. The Executive Director of the Commission assigned an agent to investigate the claim. The agent discovered many discrepancies and conflicting evidence as to Shindler's claim and, therefore, found for Grand Casino. Subsequently, Shindler filed a request for a hearing. A hearing before Honorable Larry Stroud, the Hearing Examiner, commenced on November 20, 1997, and a decision was handed down on February 3, 1998. Stroud's decision concluded that Shindler had been paid for what he bet and denied his claim to additional monies based upon what he thought he should have been paid if he had been allowed to bet as he wished. The Commission reviewed and sustained the decision on March 26, 1997. At that time, Shindler filed a timely notice of appeal to the Circuit Court of Tunica County.

¶ 3. The circuit judge sitting in an appellate capacity reversed the decision of the Commission ruling that it did not have jurisdiction over Shindler's claim. He suggested that Shindler should file a civil action in circuit court. Grand Casino appeals contending (1) the circuit court erred in holding that the Commission lacked jurisdiction and (2) the Commission's decision was correct on the merits.

FACTS

¶ 4. The dispute in question can be fairly summarized as follows. Robert N. Shindler was gambling at the Grand Casino Tunica on August 22, 1997. Shindler, usually a craps player, decided to play mini-baccarat that evening. There are two ways to bet at mini-baccarat. First, a player may make a "regular" or "flat" bet by betting that either "player" or "banker" shall win. A regular bet pays one dollar for every dollar wagered, and the Grand Casino's maximum bet on August 22, 1997, was $20,000. The other method of betting is called a "tie bet" and pays 8 to 1 with a limit of $5000 per hand. A tie bet is exactly what it sounds like; a bet that the player and the banker will have tying hands. Although there is some controversy on this fact, a limit sign is generally posted on each table.

¶ 5. Shindler claims that during the course of play he asked numerous times to increase his flat bet to $20,000 per hand and was told he could not. He further alleges that casino personnel at one point told him the Commission did not allow the increasing of bets in that manner. However, there was conflicting testimony by his own witnesses as to the number of his requests and what exactly the responses were. At the same time, the Grand Casino's witnesses denied that Shindler ever asked him to increase his bet, and they stated that he only asked if he could play multiple hands. It is not unusual for the basis of someone's claim to be in controversy, but there seems to be little in this case that is not. There is disagreement, even amongst Shindler's own witnesses, over the number of hands he played; the number of hands he won; who was present at the table; and the actions of the individuals involved, including Shindler. The only uncontested facts are that Shindler was paid for the hands he won; that at no time did he ever actually try to put down more than $5000; and that Shindler stayed at the table even after he was allegedly not allowed to wager as he wished.

¶ 6. After reviewing the contradictory evidence, Hearing Examiner Stroud found that Shindler had been paid according to the amounts he actually wagered and that there was not sufficient evidence to prove that he was owed anything, even if he had not been allowed to bet as desired. Shindler's alleged winnings were too speculative to determine with any degree of accuracy. Finally, the hearing examiner concluded that if Grand Casino had acted as alleged, Shindler's proper remedy would be a complaint to the Commission praying for disciplinary action to be taken against the casino.

*1038 ¶ 7. On appeal to the circuit court, Shindler asked the court to remand the case to the Commission for further findings of fact. Even though Shindler never raised the question of jurisdiction and had initiated the administrative process himself, the circuit court ruled that the Commission lacked the authority to hear the matter.

DISCUSSION

¶ 8. Jurisdiction and statutory interpretation are matters of law and are therefore reviewed de novo. Wright v. White, 693 So.2d 898, 900 (Miss.1997). Thus, this court sits in the same position as if it were the Circuit Court of Tunica County.

I. WHETHER THE TRIAL COURT ERRED IN HOLDING THAT THE MISSISSIPPI GAMING COMMISSION LACKED JURISDICTION.

¶ 9. The issue as to whether the Commission lacks jurisdiction to rule on this matter turns on how the cause of action is classified. The circuit judge characterized Shindler's claims as being based on common law tort and contracts. Specifically, the judge felt that Shindler's allegations resembled more the doctrines of negligent misrepresentation and breach of contract than anything else. On the other hand, Grand Casino interprets the allegations as falling squarely within the exclusive jurisdiction of the Commission over gaming debts under the Mississippi Gaming Control Act, Miss.Code Ann. § 75-76-1 et seq. (2000). Id. § 75-76-157-165. The success of Shindler's argument rests upon the premise that he does not seek "gaming debts" or "alleged winnings" as defined in the Act. Id. §§ 75-76-157 & -159.

¶ 10. For well over 150 years, the law of Mississippi has stated that claims based upon any form of gambling are void and unenforceable at common law. See McAuley's Adm'r v. Mardis, 1 Miss. 307, 308 (1828). Furthermore, this rule stands in nearly all jurisdictions, both state and federal, and has never differentiated amongst types of actions nor the parties involved. Ronald J. Rychlak, Lotteries, Revenues, and Social Costs: Historical Examination of State-Sponsored Gambling, 34 B.C.L.Rev. 11, 37-38 (1992). Until this case, there had not been many serious challenges to Mississippi's rule. The Mississippi Gaming Control Act codified the idea by making all gaming matters the exclusive jurisdiction of the Mississippi Gaming Commission. Miss.Code Ann. § 75-76-157. Before the enactment of the Mississippi Gaming Control Act, casino patrons like Shindler would have had no forum in which to air their grievances. The Legislature gave the public a right that they had not possessed before, but with this right came the requirement that gaming matters be handled by the Mississippi Gaming Commission. As with the workers' compensation claims, having a special body to examine the issues is only logical; claims are often quite confusing and require a certain amount of specialized knowledge to properly analyze the various situations.

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Bluebook (online)
772 So. 2d 1036, 2000 Miss. LEXIS 241, 2000 WL 1835814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grand-casino-tunica-v-shindler-miss-2000.