[StBernard] ST. BERNARD PARISH GOVERNMENT ASKS JUDGE TO STAY RULING ORDERING THAT PERMITS AND ELECTRICITY BE GRANTED FOR CONSTRUCTION SITES

[Westley Annis]

ST. BERNARD PARISH GOVERNMENT ASKS JUDGE TO STAY RULING ORDERING THAT
PERMITS AND ELECTRICITY BE GRANTED FOR CONSTRUCTION SITES

 

St. Bernard Parish Government filed a motion in court Friday, July 1 in
response to Federal Judge Ginger Berrigan's June 30 order requiring the
parish to issue permits for three of the four 72-unit apartment complexes in
Chalmette and to authorize electricity on all the sites by 3 p.m. on July 1
or face sanctions of $10,000 per day, beginning July 2. 

 

"We filed a motion to request the judge stay the order so that we can
discuss it at the Council meeting on Tuesday," St. Bernard Parish President
Craig P. Taffaro, Jr. said. "We still have concerns about the elevation
issues and how that affects our overall flood insurance compliance. We
continue to believe the conflict between state law and a federal court order
should be resolved before we are assessed fines."

 

Judge Berrigan, late Friday, denied the parish's request to stay her ruling.


 

On June 30, Judge Berrigan held a hearing to allow Provident Realty Advisors
and St. Bernard Parish to cross examine the court appointed expert reviewing
the technical building and permit issues of the case. Without leaving the
bench or recessing after the expert's testimony, Judge Berrigan ruled on
Provident's motion for contempt and ordered St. Bernard Parish to issue
permits on three of the four sites and to authorize electricity on all four
sites by 3 p.m. on July 1.

 

Judge Berrigan granted St. Bernard Parish Government an additional three
business days from July 1 to submit information about drainage issues, but
she denied the parish's request for more time to present additional
information regarding the flood elevation requirements.

 

St. Bernard Parish Government's position has consistently been that the
apartments being built by Provident do not have permits. After three court
hearings in 2009, Parish Government was forced by a court order to issue the
permits in October of 2009, the same year. However, Provident didn't seek to
start construction until December 2010. Parish building permits expire after
six months, and state and local law requires that a builder reapply after
that time period has passed.

 

Taffaro and the Parish Council have been embattled with Provident Realty and
GNOFHAC over the project for more than two years. Provident attorneys have
accused Taffaro of continually trying to stop the project. In a June hearing
in Judge Berrigan's courtroom, Provident Attorney John Relman railed on
Taffaro.

 

"So what's really going on here, Mr. Taffaro, is that you are unalterably
opposed to this development, that you are determined to do anything to stop
it." Relman continued, "You're taking the same stand you took in 2009 that
you've taken all along, which is you are going to stop these projects come
whatever."

 

Opposition from community leaders began as far back as 2008 during multiple
meetings including President Taffaro, and Councilmen Wayne J. Landry, George
Cavignac, Mike Ginart, Ray Lauga and Fred Everhardt as well as testimony to
the Louisiana Housing Finance Agency by Taffaro, Landry, Cavignac and
Everhardt in attempts to reverse the LHFA decision to fund the projects.
Such pleas garnered no support from the LHFA, and the agency granted
Provident $53 million of low-income housing tax credits and Community
Development Block Grant funds for the project.

 

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