[StBernard] IN ACCORDANCE WITH A FEDERAL JUDGE'S ORDER, ST. BERNARD PARISH GOVERNMENT TODAY RESCINDED THE CEASE AND DESIST ORDER THAT STOPPED CONSTRUCTION OF APARTMENT COMPLEXES FRIDAY

Westley Annis Westley at da-parish.com
Sun Apr 10 11:54:51 EDT 2011


IN ACCORDANCE WITH A FEDERAL JUDGE'S ORDER, ST. BERNARD PARISH GOVERNMENT
TODAY RESCINDED THE CEASE AND DESIST ORDER THAT STOPPED CONSTRUCTION OF
APARTMENT COMPLEXES FRIDAY SO THE PARISH WOULD NOT FACE DAILY FINES OF UP
TO $50,000 PROMISED BY THE JUDGE



Under threat of fines that would equate to $275,000 in the next week and an
additional $350,000 in the second week, St Bernard Parish has rescinded its
Cease and Desist Order issued to the contractors working on four Provident
housing developments. An ordinance authorizing the parish president to incur
debt on behalf of the parish would have to be passed in order to continue
the Cease and Desist. After consultation with parish council members and
legal counsel, the Cease and Desist was lifted as of 4:45 p.m. today. The
administration, parish council, and the parish legal team will meet Monday
to develop their next set of responses to the current legal developments.



Friday afternoon Judge Ginger Berrigan ordered the parish to "purge itself"
of contempt by Saturday at 5 p.m or begin facing fines of $25,000 a day
until April 12, at which time the fines would have increased to $50,000 a
day. St. Bernard Parish Government asked Judge Berrigan a week ago for an
emergency injunction for her to set aside her order prohibiting the parish
from stopping the work, but no hearing has been held on that question.



Shortly after 1 p.m. on Friday, Parish President Craig P. Taffaro, Jr.
issued Cease and Desist orders to the contractors and subcontractors working
on the four apartment complexes being built by Provident Realty in
Chalmette. The orders said they had to stop working because they don't have
proper parish permits.



"I have attempted to work within the judicial parameters, but St. Bernard
Parish has continued to find itself without protective due process,"
President Taffaro said on Friday. The permitting process by local and state
law is clear, and my decision to issue a Cease and Desist is in line with
the enforcement of that process. A week ago, we filed for an emergency
injunction which was denied pending a hearing set for today, April 8, in
state court. That hearing was cancelled due to a legal maneuver filed by
Provident in furtherance of what I believe to be a strategic approach to
delaying St. Bernard Parish's right to be heard long enough that the
construction of these developments reaches a point of no return."



###





More information about the StBernard mailing list