Biloxi couple’s bed and breakfast lawsuit delayed by judge’s recusal

BILOXI, Miss. (WLOX) – A Biloxi couple fought for more than two years to make their dream bed and breakfast a reality. The legal battle was derailed when a judge was forced to recuse herself over a package sent to her home address.

Dan and Heidi Hoy moved to Biloxi from Wisconsin three years ago. They bought a six-bedroom, five-and-a-half-bathroom home on Glenn Swetman Street. In October 2023, the city of Biloxi approved a zoning change that would allow the couple to operate a bed and breakfast in their home.

Just days later, an appeal was filed challenging the city’s decision.

“On June 6 we had a court hearing. Then the judge, after hearing both sides, said she would make a decision sometime in the summer,” Heidi Hoye said. “Unfortunately, in July we learned that the judge was compromised by receiving a package that was sent to her private residence.”

“It is highly unethical, if not illegal, for a sitting judge to send a package to her private residence,” Dan Hoy added.

A court order obtained by WLOX News shows that on July 9, District Court Judge Randi P. Mueller received “a package in the mail to the judge’s home address.” The contents of the parcel attempted to “influence the court’s decision.” A hearing to discuss the matter with lawyers for both sides was scheduled for July 16.

On July 22, Judge Mueller recused herself from the case. The order noted that “it does not appear that the package was sent by a party involved in this case.”

The Hoyas were told that they had not sent the package. WLOX News also spoke with the appellants’ attorney, Matthew McDade, who confirmed his clients did not send anything to the judge’s home.

So who sent the package that derailed the appeal process?

The Hoyses’ attorney told them the letter came from the West Biloxi Development Alliance.

Biloxi residents Jared Fusco and Wendy Lally formed the West Biloxi Development Alliance in April. The group is very active on Facebook and attends public meetings in the city, where they both often voice passionate opinions.

“Our main goal is to keep people informed about what’s going on in West Biloxi,” Fusco told WLOX News.

WLOX reporter Noah Noble asked Fusco directly if he or anyone from the West Biloxi Development Alliance sent a package to Judge Mueller.

“To the judge? No. It’s just me and Wendy,” Fusco responded. “I would like to have a copy of this letter so I can address it correctly because for someone to use our name in this format is very disturbing.”

After the recusal hearing, Judge Mueller sealed the package. WLOX News has asked the judge to unseal the package, but has not received a response at this time.

Meanwhile, a group of neighbors support the Hoys as they continue to wait. And they share the couple’s disappointment.

“Old-school people in Biloxi just don’t want to see change in the area. I don’t know if it’s fear, I don’t know what it is, but it doesn’t make sense and it doesn’t make any sense,” Linda Giardelli said.

“And Biloxi, we’re in tourism and hospitality. This is a showcase. Isn’t this what we want, Isn’t this what the city wants, Isn’t this what our neighbors want? So, I… there is a huge gap for me, and I don’t understand. I really don’t understand,” added Yvonne Harrison.

District Court Judge Lawrence Bourgeois Jr. was randomly assigned to the case in August. There is no timetable yet for when he will announce his decision.

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