[StBernard] Judge Orders Permits, Power For St. Bernard Apartment Complex

Westley Annis Westley at da-parish.com
Sat Jul 2 19:57:15 EDT 2011


Then what the parish needs to do is contact Louisiana Attorney General
Caldwell's office to inform them they are being forced to violate state law.
Then formally request the Attorney General to legally represent them (which
the AG must do by statute) to file an appeal to Judge Berrigan's order to
the Fifth Circuit. At this point it becomes a legal battle between a
federal judge and the State. The AG's Office will properly state to the
Fifth Circuit Court of Appeals that Judge Berrigan is forcing the parish to
violate its State law, which the State is entitled to establish under the
10th amendment of the U.S. Constitution. The question before the 5th
Circuit would be "is it within a federal judge's authority to order one
government entity to break the proper standing law of another government
entity, in this case the State of Louisiana?

This is the way to proceed....and it won't cost the parish a dime since the
AG's Office would be taking over.

-John





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