Ruling in city’s lawsuit tossed

• By DEBRA LEMOINE
• Advocate Florida parishes bureau
• Published: Mar 29, 2008 - Page: 1B - UPDATED: 12:05 a.m.

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HAMMOND — A state District Court cannot order the Tangipahoa Parish government to redo its land-use regulations to allow for more public input, an appeal court ruled.

The state 1st Circuit Court of Appeal decision handed down on Wednesday concerned a 2006 lawsuit brought by the city of Hammond in the 21st Judicial District Court in Amite challenging the constitutionality of how the parish approves new housing and commercial developments.

In essence, the city was trying to stop a 300-unit dormitory-style apartment complex near Southeastern Louisiana University that would be built just outside of the city limits.

Although a judge can rule a law or ordinance unconstitutional, the court cannot tell a legislative body, such as the Parish Council, how to fix the problem, the Baton Rouge-based appellate court’s decision says. Once an ordinance is declared unconstitutional, the Parish Council can simply repeal that rule or decide on its own how to rewrite it, the decision says.

The parish has no zoning or land use plans, which the city questioned in its suit, but the District Court did not address in its ruling. Projects such as subdivisions and apartment complexes come under the parish’s subdivision regulations.

In this case, state District Judge Doug Hughes held that those regulations don’t provide adequate due process for residents wishing to bring their concerns about a new development to the parish.

The District Court ordered the parish to re-evaluate its procedures for approvals to give the public more of a say-so over developments.

The District Court also ruled that in the case of this particular development, Boardwalk Apartments, that the Parish Council, rather than the parish Planning Commission, must issue the final approval of the project.

Wednesday’s decision was delivered by a three-judge panel of the appeal court consisting of Circuit Judges Randolph H. Parro, James E. Kuhn and Robert D. Downing, with Parro serving as author.

The appellate court’s decision was hailed as a victory by representatives of the developer of Boardwalk Apartments and the parish government.

“The developers of Boardwalk Apartments have played by the rules from day one, and the courts have taken notice even if Hammond’s politicians have not,” said Boardwalk attorney Parker Layrisson.

Parish Attorney Cliff Speed said he thinks the appellate decision reaffirms the process the parish uses to approve new developments. The Planning Commission, rather than the Parish Council, votes on the final approvals for new developments.

“On several occasions, people felt like the current system is illegal,” Speed said. “Obviously, the parish can choose.”