[StBernard] Update re: Provident apts from Dana

[Westley Annis]

Dear Concerned Citizens,
 
Here is a little update on where we are with our fight against the
apartments at this point.  While I can't update you on every little aspect,
the most important thing I want to let everyone know is, as of the time of
this e-mail, Craig Taffaro HAS NOT issued any new building permits to
Provident Realty.  Provident continues to build their apartments WITHOUT any
legal permits, in continued defiance of Judge Buckley's judgment rendered on
March 31, 2011 in the Chateau Lafitte Condominiums lawsuit against St.
Bernard Parish.  My new motto is, "While Provident continues to build, we
continue to battle."
 
Although there has been a lot of inaccurate information "floating around out
there," after a telephone confirmation by our attorneys, the parish was not
ordered by Judge Berrigan to issue Provident Realty any new permits.  We
have been reading all legal documents filed in Judge Berrigan's court on a
regular basis, and, in my opinion, Judge Berrigan has "stopped short" of
ordering the parish to issue Provident new permits, because, in my opinion,
she knows Judge Buckley has jurisdiction in regards to local permitting
issues.  I don't think Judge Berrigan wants to run St. Bernard's permit
office from her chambers, and, in my opinion, if she overturns Judge
Buckley's judgment in this Provident case, she had better get ready to do
just that.  She had better get ready to run St. Bernard's permit office from
her chamber as she will be setting a precedent that I don't think she wants
to set, and she will be made to deal with lots more lawsuits regarding
permits that will follow this one if she deems herself to be the authority
over our own local/state courts.
 
In regards to our lawsuit against the parish involving Provident's building
permits having expired, we should know something very soon as to whether
Judge Berrigan is going to release our case back to Judge Buckley's court,
or whether she is going to "illegally continue to give Provident the Royal
Treatment."  That is the $60 million question.  Will she do what is right
and return/release our lawsuit back to its rightful place, in Judge
Buckley's court, or will she continue to show a pattern of prejudice and
bias in favor of Provident Realty?  I guess we will find out soon.
 
In the meantime, Provident continues to get their electric service from
generators, as we have been battling with them and Entergy and keeping
Entergy from turning on their electric.  The same goes for their water.
They do not have water turned on, and we have consulted with the parish
about making sure their water stays off.  They cannot have water or electric
until this permit issue is worked out.
 
Again, while I can't release all details, please know that Judy and I
continue to work extremely hard, on so many angles, and we are totally
committed to see this all the way through to the bitter end.  We are still
demanding that all construction be dismantled, slabs and pilings be pulled
up, and Provident be made to start all over, from the very beginning, with
new, legal permits, if they want to build apartments in Chalmette.  And we
will settle for nothing else.
 
I will keep you all posted.
 
Thank you for your continued support.
 
Dana Arcement