Louisiana Supreme Court Denies to Hear Case Involving Lafayette Drainage Project, Upholds Lower Court Ruling for LCG
There have been many battles lately involving drainage issues in Lafayette.
Court battles, more specifically.
Judge Valerie Gotch-Garrett ruled against them earlier this year and said LCG's taking of the Bendel Family's property "was made arbitrarily, capriciously, or in bad faith." This involves 372 acres of land on Homewood Drive owned by Bendel Partnership that is on the Vermilion River at its confluence with Coulee Ile Des Cannes, as pointed out by Claire Taylor of The Advocate..
That case is still pending.
In July, Judge James D. Cain Jr. dismissed Lafayette Consolidated Government's suit, saying LCG's claims against St. Martin Parish were legally premature. As KPEL News reported in March, LCG fired the first legal salvo as they took the Vermilion River spoil bank controversy to the 15th Judicial District Court, asking a judge to rule that LCG "complied with all lawful regulations, ordinances, rules, procedures and laws with the spoil bank project, and specifically, request(ing) a judgment that no permit was required by the Corps for the project as the revised proposal that was implemented did not fall within Corps jurisdiction." LCG removed the spoil bank on St. Martin Parish-purchased property.
St Martin Parish has filed a suit against LCG asking LCG to restore, replace, and reconstruct the spoil bank it "illegally" removed.
That case is in federal court.
The Lake Farm Road Detention Ponds
In August, the State of Louisiana Third Circuit Court of Appeals ruled that Lafayette Consolidated Government appropriately acquired the land on Lake Farm Roads to build detention ponds. But a writ application - the request for an appeal to the higher court - was filed to the Louisiana Supreme Court challenging the case.
Well, the state’s highest court has denied the writ application, which means the ruling from the Third Circuit Court of Appeals stands.
I have always believed in the process,” Lafayette Mayor-President Josh Guillory said. “We will continue to act in the best interest of our citizens and fight to protect lives and property, especially when it comes to flooding. This is a win for Lafayette, and we will continue to improve drainage and reduce flooding in our watershed.”
To read the writ denial, visit https://www.lafayettela.gov/docs/default-source/legal-documents/22-1533-c-action.pdf?sfvrsn=54271754_2.