[StBernard] Testimony wraps up in St. Bernard Parish fair housing case; ruling expected this week

[Westley Annis]

Testimony wraps up in St. Bernard Parish fair housing case; ruling expected
this week
by Chris Kirkham, The Times-Picayune 
Wednesday September 09, 2009, 2:13 PM
Testimony wrapped up this afternoon in the latest hearing on allegations
that St. Bernard Parish is continuing to violate the federal Fair Housing
Act by attempting to block four mixed-income apartment complexes planned for
Chalmette.

U.S. District Judge Ginger Berrigan heard from several representatives of
the developer, Provident Realty Advisors of Dallas, and St. Bernard Parish
government staff about any remaining documentation needed for Provident to
move forward with construction.


Berrigan has ruled twice this year that St. Bernard officials violated the
fair housing act by attempting to block the developments. Since April,
officials with Provident have sought a routine resubdivision of the four
properties, attending five separate meetings with the parish Planning
Commission or Parish Council. The company has been denied or delayed at each
turn.

Less than a month ago, Berrigan ruled that the Planning Commission denials
violated the Fair Housing Act and were "racially discriminatory." A week
after the Aug. 17 ruling, the Planning Commission again denied the
resubdivisions, citing concerns from the parish's fire department and a need
to protect "the health, safety and welfare of the parish." A resubdivision
is a procedural step needed to get a building permit in the parish.

At the end of today's hearing, Berrigan had some pointed questions for
Francis Mulhall, an attorney representing St. Bernard Parish government.

She referred to her Aug. 17 ruling, noting that the objections raised by the
Planning Commission did not pertain to a "minor resubdivision," which is
what Provident was applying for. At the most recent Planning Commission
meeting, chairman Earl Dauterive told an attorney for Provident, "The judge
doesn't say what's a major or minor subdivision in St. Bernard Parish,
unfortunately the Planning Commission does and that's who you have to answer
to."

Berrigan told Mulhall today that "I think you would agree that I do get to
say if the action of the Planning Commission or the Parish council violates
the fair housing act and other U.S. laws, and I did say that."

"How is this not contempt?" she asked.

Mulhall replied that the commission clearly disagreed with her ruling and
they believe they are following the proper procedures for a resubdivision.

The plaintiffs, Provident Realty Advisors of Dallas and the Greater New
Orleans Fair Housing Action Center, want Berrigan to grant the building
permits necessary for Provident to begin construction and place hefty fines
on the parish if officials continue to delay the developments.

"I think that the power of this court was flaunted directly by this parish,"
plaintiffs' attorney John Relman said in a closing argument.

Berrigan said she would issue a ruling by Friday. In the meantime, she asked
officials with the parish's fire department and community development
department to quickly address any outstanding concerns with Provident this
week. Testimony revealed that most of the remaining issues, such as signing
off on a parking plan and getting a drainage permit, are requirements needed
for a building permit, not a resubdivision.

"I assume that everyone is now going to work diligently and in good faith to
complete this process promptly," Berrigan said at the close of the hearing.