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

Westley Annis Westley at da-parish.com
Sun Jul 3 19:32:41 EDT 2011


John,

One of the issues has been that Ginger won't release the case so that
appeals can be filed to the 5th Circuit. Can the A.G. do it this way to go
the C.o.Appeals?

JY




-----------------------------------------------------

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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