[StBernard] District Court Fines St. Bernard Parish $40K

[Westley Annis]

District Court Fines St. Bernard Parish $40K

Parish Council Refuses To Follow Court Order In Housing Dispute

POSTED: 8:34 pm CDT July 5, 2011
UPDATED: 8:01 am CDT July 6, 2011

CHALMETTE, La. -- The District Court of Eastern Louisiana issued an
immediate order Tuesday fining St. Bernard Parish and its council $40,000 --
$10,000 for every day the parish refused to grant building permits for a
housing development project.

According to court documents, Provident Realty Advisors, Inc., won a civil
action lawsuit on June 30 giving the company a court-mandated order to be
granted building permits and an authorized release of electricity to its
Woodlands, Parc Place and Magnolia Park sites.

The order stipulated that for every day after June 30 that the parish failed
to grant building permits to the plaintiff, the parish would be fined
$10,000.

According to court documents, Provident Realty Advisors was granted an
emergency motion after the parish refused to cooperate, and the order
included provisions "for additional and increased coercive sanctions."

Company officials said if the parish council refused to cooperate, the court
would fine it additional $25,000 per day until July 8, $50,000 per day for
the period of July 9 to 11 and $100,000 per day for July 12 and onward.

Court documents also stated that the parish would be fined additional
$10,000 per day for every day after July 6 that the parish council refused
to release electricity to the three housing-development sites.

Provident Realty and the Greater New Orleans Fair Housing Action Center,
however, are asking the judge to increase the fines to $25,000 a day and
potentially more if the parish doesn't comply by Friday.

"The fines are $10,000 a day. I don't think it's the wisest way to spend the
taxpayer's money, so I would issue the permits and get out from under the
fines and continue our legal course. We have two appeals pending. And that
seems to be our best opportunity to get some relief," said St. Bernard
Parish Council Chairman Frank Auderer.

Fair housing advocates said the parish's attempts to block the project are
racially motivated.

The parish, however, said it's not an issue of race but officials are
questioning the environmental impact of the project, its elevation levels
and whether the developer is financially viable.

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