Biloxi couple’s legal battle over bed and breakfast has been delayed after judge recuses

BILOXI, Miss. (WLOX) – A Biloxi couple has been fighting for more than two years to bring their dream to life: a bed and breakfast. The legal battle derailed when the judge had to recuse herself over a package sent to her home address.

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

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

“We had our meeting on June 6. The judge at the time, after hearing both sides, said he would rule sometime during the summer,” Heidi Hoye said. “Unfortunately, in July we learned that the judge had been compromised by receiving a package that was sent to her private residence.”

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

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

On July 22, Judge Mueller issued an order recusing herself from the case. The order noted that “it does not appear that the package was mailed by a party to this action.”

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

So who sent the package that derailed the appeals process?

The Hoyes’ attorney told them it was 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 around town, where the two often express 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 involved with the West Biloxi Development Alliance sent the package to Judge Mueller.

“To a judge? Not. It’s just me and Wendy,” Fusco replied. “I would like to have a copy of that email so I can address it correctly because if someone uses our name in this format it is very concerning.”

After the impeachment hearing, Judge Mueller sealed the deal. WLOX News has filed a request for the judge to unseal the package, but has not heard back as of this report.

Meanwhile, a group of neighbors are supporting the Hoyes as they continue to wait. And, they share the couple’s frustrations.

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

“And Biloxi — we’re about tourism, hospitality. This is a showcase. isn’t that what we want, isn’t that what the city wants, isn’t that what the neighbors want? So for me there is a big disconnect and I don’t understand. I really don’t understand,” added Yvonne Harrison.

Circuit Court Judge Lawrence Bourgeois, Jr. was randomly assigned to the case in August. For now, there is no timetable for when he will announce his decision.

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