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

Westley Annis Westley at da-parish.com
Tue Jul 5 09:31:29 EDT 2011


Well I sincerely hope so John. I've just got an idea that Ginger is going
to hold on to this case until the things are built and people moving in and
then turn loose the case for appeal.

JY




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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.





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