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

[Westley Annis]

Yes, if she is forcing a government entity, in this case the parish of St.
Bernard, to violate state law.  It should become the interest of the State
to get involved since its law is being violated.  The State's grounds to the
5th Circuit is a district judge is forcing/ordering a local governing
authority under the State's jurisdiction, to violate the State's law, which
the State is entitled to establish and uphold under the 10th Amendment since
there are no federal laws prohibiting state authorities from establishing
building codes.  Of course, the real question where an accurate answer would
need to be established is - is the development truly failing to meet state
code?  You can bet A.G. Caldwell will want to send someone down from Baton
Rouge to see if this is accurate or just a bluff or stall tactic on the part
of the parish - and for the parish's sake, it had better not be.


-----Original Message-----
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