IN THE SUPREME COURT OF MISSISSIPPI NO. 1999-CA-00422-SCT MISSISSIPPI GAMING COMMISSION AND MIKE MOORE, ATTORNEY GENERAL OF THE STATE OF MISSISSIPPI v. SUSAN HENSON d/b/a GENE'S AMUSEMENT, LANCE FOSTER d/b/a MOJO AMUSEMENT, JAMES (FRANK) WADE d/b/a FRANK'S AMUSEMENT, GARY SIMPSON d/b/a ALL FUN AND GAMES, NEAL ROBERTS d/b/a GENERAL AMUSEMENT, ROBERT KNIGHT d/b/a BOB'S AMUSEMENT, JERRY TURNER d/b/a TRAILBLAZER'S TRUCK STOP & RESTAURANT, KATHERINE McALPHINE d/b/a L.C.J.'s, GERALD NOLAN d/b/a NOLAN'S GROCERY, AND GREG DRISKILL d/b/a TRI-COUNTY GAME ROOM
DATE OF JUDGMENT: 01/27/1999 TRIAL JUDGE: HON. CHARLES D. THOMAS COURT FROM WHICH APPEALED: UNION COUNTY CHANCERY COURT ATTORNEYS FOR APPELLANTS: OFFICE OF THE ATTORNEY GENERAL BY: R. STEWART SMITH, JR. ATTORNEYS FOR APPELLEES: DANIEL K. TUCKER JOSEPH C. LANGSTON NATURE OF THE CASE: CIVIL - STATE BOARDS AND AGENCIES DISPOSITION: REVERSED AND RENDERED - 09/06/2001 MOTION FOR REHEARING FILED: 9/19/2001; denied 11/29/2001 MANDATE ISSUED: 12/6/2001 CONSOLIDATED WITH
NO. 1999-IA-00911-SCT MISSISSIPPI GAMING COMMISSION v. STANLEY WRIGHT AND SD AMUSEMENTS OF MISSISSIPPI, INC. DATE OF JUDGMENT: 05/24/1999 TRIAL JUDGE: HON. W. ASHLEY HINES COURT FROM WHICH APPEALED: WASHINGTON COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: JOAN MYERS ATTORNEY FOR APPELLEES: JOHN H. COX, III NATURE OF THE CASE: CIVIL - OTHER DISPOSITION: REVERSED AND RENDERED - 09/06/2001 MOTION FOR REHEARING FILED: MANDATE ISSUED:
EN BANC.
BANKS, PRESIDING JUSTICE, FOR THE COURT:
¶1. These consolidated appeals concern the propriety of the Mississippi Gaming Commission's seizure of certain amusement devices. Because we conclude that the machines in question, the "Cherry Master Video" and the "Quarter Pusher," are slot machines and as such, illegal gambling devices subject to seizure by the Gaming Commission, we reverse the judgments of the courts below and render judgment for the Commission.
I.
¶2. On March 20, 1998, Susan Henson, d/b/a Gene's Amusement, Lance Foster d/b/a Mojo Amusement, James (Frank) Wade d/b/a Frank's Amusement, Gary Simpson d/b/a All Fun and Games, Neal Roberts d/b/a General Amusement, Robert Knight d/b/a Bob's Amusement, Jerry Turner d/b/a Trailblazer's Truck Stop & Restaurant, Katherine McAlphine d/b/a L.C.J's Gerald Nolan d/b/a Nolan's Grocery, and Greg Driskel d/b/a Tri-County Game Room, (hereinafter "Henson") filed a Bill of Peace on behalf of themselves and all those similarly situated, seeking clarification and interpretation of current Mississippi gaming laws as to the criteria for determining the legality of certain amusement devices owned and/or leased by the appellees and seized by the Mississippi Gaming Commission, on the grounds that they were illegal gambling devices.
¶3. Following a trial, the Chancery Court of Union County entered a judgment finding that the statute in question, Miss. Code Ann. § 75-76-5(ff) (2000), requires proof of a payoff before the Mississippi Gaming Commission can seize a machine under Miss. Code Ann. § 97-33-7(1) (2000). Aggrieved, the Gaming Commission appealed the chancellor's decision to this Court.
¶4. On February 3, 1999, Stanley Wright, owner of eight amusement companies located in Washington County, filed a complaint and affidavit for replevin in the Circuit Court of Washington County after the Gaming Commission seized machines from his establishments on