[StBernard] Federal Judge Ginger Berrigan approves Temporary Restraining Order on Friday Nullifying Cease and Desist Orders issued by St. Bernard President Craig Taffaro

Westley Annis Westley at da-parish.com
Sat Mar 5 10:02:24 EST 2011


I wonder if the Parish could appeal to the 5th Circuit Court of Appeals and
ask for an injunction against Berrigan's TRO until the appeal is heard?

JY




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Federal Judge Ginger Berrigan approves Temporary Restraining Order
on Friday


Nullifying Cease and Desist Orders issued by St. Bernard President
Craig
Taffaro



Although St. Bernard Parish President Craig Taffaro issued Cease and
Desist
orders Friday morning stopping work at all four sites where 72-unit
apartment complexes are under construction in Chalmette, federal
Judge
Ginger Berrigan approved a Temporary Restraining Order Friday
afternoon that
nullified the orders Taffaro issued earlier in the day.



Under the federal court ruling, local officials must allow work at
the sites
to proceed. A hearing will be held in federal court in mid-March to
address
the TRO filed by Greater New Orleans Fair Housing Action Center and
Provident Realty Advisors.



Taffaro announced Tuesday of his intentions to issue a Cease and
Desist
order. By Wednesday night Provident filed for a TRO in federal court
and a
group of local residents filed suit in state court to mandate the
permit
process follow all applicable laws.




At the council meeting, the council decided to ask for an
administrative
review of the entire process regarding the development of the
buildings and
how the developments were awarded tax credits and other federal
assistance,
and it authorized Taffaro to engage an attorney with expertise in
constitutional law to determine the constitutionality of the federal
government forcing local government's hand in this matter.



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