[StBernard] St. Bernard President Craig Taffaro asked a state judge Friday to stop work at Provident Realty apartments because construction continues without a permit

Westley Annis Westley at da-parish.com
Fri Apr 1 19:05:45 EDT 2011


St. Bernard President Craig Taffaro asked a state judge Friday to stop work
at Provident Realty apartments because construction continues without a
permit

Judge Manuel Fernandez denied temporary restraining order; granted
injunction hearing on April 8



Because Provident Realty continued construction on Friday after being
notified Thursday by St. Bernard President Craig Taffaro that they do not
have valid building permits for the construction of the four 72-unit
multi-family developments in Chalmette, Taffaro filed for a temporary
restraining order in state court.



By the end of the day, 34th State Judicial District Judge Manuel Fernandez
denied the TRO and set a hearing on the request to stop construction on
April 8. Taffaro issued the notification about the permits being invalid to
Provident Realty in conjunction with a court ruling issued Thursday by 34th
State Judicial District Judge Robert Buckley.



The Cease and Desist Order previously issued to Provident and subsequently
overturned by federal Judge Ginger Berrigan is being reviewed. In the
interim, Taffaro has consulted with parish council members and the parish
legal team representatives to formulate a plan of action. Parish government
is seeking a rescission of the federal Temporary Restraining Order that
prohibits parish government from stopping any construction work.



Thursday's hearing before Buckley was in response to the Chateau Lafitte
Homeowners Association and several residents request for judicial
intervention in state court, asking a state judge to nullify any permits
extended to Provident Realty. Despite a Cease and Desist Order by Taffaro,
Provident has continued construction of the apartment complexes under the
protection of the federal district court.


After the hearing in state court Thursday, Buckley issued a ruling that
ordered St. Bernard Government to set aside and invalidate the building
permits to construct a 72 unit multi-family residential unit at each
property location. Taffaro has said he was not surprised by Buckley's ruling
and he believed it to be an appropriate decision.



In response to that ruling, President Taffaro, through his Office of
Community Development, issued the following notice to Provident on Thursday:
"You are hereby notified that pursuant to the attached ruling from the
Honorable Judge Robert A. Buckley of the 34th Judicial District in St.
Bernard, Louisiana that Provident Realty does not possess a valid St.
Bernard Parish Building Permit for the four construction sites referenced on
the attached permits. Based on applicable local and state statutes,
construction projects require appropriate permitting, including building
permits from St. Bernard Parish Government. Building permit applications in
St. Bernard Parish are handled in the Office of Community Development.
Construction projects not permitted are subject to all applicable
enforcement activities."



The parish was forced to issue the permits to Provident initially issued
after a court battle, which permits expired due to a lack of construction
for more than a year. Rather than have Provident reapply for the permits as
local ordinances dictate, HUD told parish officials that not releasing the
permits in February would result in funding for local recovery projects
being stopped.



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