Greater New Orleans Fair Housing Action Center v. St. Bernard Parish et al

Filing 941

ORDER AND REASONS. ORDERED that Defendants shall issue occupancy permits to the Magnolia, Parc Place, Riverview, and Woodcrest sites by December 23, 2011, at 10:00 a.m. If Defendants fail to comply with this Order by 3:00 p.m. on that date, they will be fined $50,000 per day of noncompliance. Signed by Judge Helen G. Berrigan on 12/22/11.(plh, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
GREATER NEW ORLEANS FAIR HOUSING
ACTION CENTER, ET. AL.

CIVIL ACTION

VERSUS

NO: 06-7185

ST. BERNARD PARISH, ET AL.

SECTION: “C” (1)

ORDER AND REASONS
The Court held an evidentiary hearing on December 22, 2011, to determine which
construction issues remain before Defendants must issue occupancy permits to Plaintiffs for
buildings at the Magnolia, Parc Place, Riverview, and Woodcrest sites. Based on the evidence,
testimony and arguments produced by the parties at the hearing, the memoranda of counsel, the
court-appointed expert’s reports, the applicable law, and the record in this case, the Court makes the
following findings.
The parties signed agreements whereby Defendants will issue occupancy permits to
Provident for the Magnolia, Parc Place, and Riverview sites based on Provident’s representation that
it will fulfill the conditions set out in the agreements.
The four feet wide sidewalk and two feet wide grassy median along the Patricia Street side
of the Woodcrest site are completed. They comply with the St. Bernard Parish Council Code of
Ordinances, Appendix A, Section 3.7(1) and (3).1 The Court adopts Dr. Lamanna’s finding that the
sidewalk and median pose no safety concerns.
Accordingly,

1

Section 3.7(1) states, in pertinent part: “Sidewalks shall be included within the dedicated
non-pavement right-of-way of all roads and shall have a minimum width of four (4) feet.” Code
of Ordinances, Appendix A, Section 3.7(1). Section 3.7(3) states: “There shall be a median strip
of grassed or landscaped areas at least two (2) feet wide separating all sidewalks from adjacent
curbs.” Code of Ordinances, Appendix A, Section 3.7(3).

IT IS ORDERED that Defendants shall issue occupancy permits to the Magnolia, Parc Place,
Riverview, and Woodcrest sites by December 23, 2011, at 10:00 a.m. If Defendants fail to comply
with this Order by 3:00 p.m. on that date, they will be fined $50,000 per day of noncompliance.

New Orleans, Louisiana, this 22nd day of December, 2011.

____________________________________
HELEN G. BERRIGAN
UNITED STATES DISTRICT JUDGE