Court upholds parish decision on area apartment complex

Legal action in district court seeking to allow a developer to continue with plans to build an apartment complex in Garden City went in the St. Mary Parish government’s favor Thursday.
The petition was filed in 16th Judicial District Court by developer Lloyd Harris after the parish council denied him development approval in late June.
Harris is proposing to build a 168-unit complex on an 11-acre plot on La. 3215 that is zoned high-density residential.
The council had voted to deny the development after hearing opposition from nearby residents and receiving a petition with almost 350 signatures of individuals also against the proposal due to inadequate infrastructure and a potential negative impact on nearby historic plantation homes.
Exhibits in the legal petition that cite the council’s efforts to market housing development include:
—Adoption of an ordinance in November 2008 permitting its Industrial Development Board to offer and promote a seven-year tax exemption and construction finance package for owners or developers of multi-family housing units.
—Adoption of an ordinance in December 2009 rezoning the La. 3215 property from agricultural to high-density residential.
—Approval of the parish Planning and Zoning Commission recommendation in June on subdivision of the property and preliminary approval for Harris to proceed with the property development.
—A letter to Harris from parish Economic Development Director Frank Fink reviewing economic data showing a potential need for housing due to forecasted business growth.
The petition asks for injunctive relief requiring the council to grant development approval and a declaratory judgment ruling that the council’s denial was unconstitutional “due to it’s (sic) arbitrarily, capricious and unreasonable decision.”
All members of the Parish Council were subpoenaed to appear at Thursday’s hearing before Judge Lori Landry but five — Lionel Metz, Charles Middleton, Tim Tregle, Albert Foulcard and Sterling Fryou were released at the onset of the hearing. Also summoned were council Clerk Lisa Morgan, Planning Director Tammy Luke, Fink and Chief Administrative Officer Henry “Bo” LaGrange.
Through testimony, Landry heard that the property was rezoned in 2009 in response to proposed plans by a different developer. Those plans “fell apart” before reaching discussions on their impact on infrastructure, according to Parish Councilman David Hanagriff.
He took responsibility for not having the foresight at that time to revert the property back to an agricultural zone. He introduced an ordinance doing so on July 9 that will be up for adoption during the council’s Aug. 13 meeting.
Parish Councilman Glen Hidalgo testified that prior to the June council meeting he and Hanagriff heard from the area’s sewer board on the treatment system that is already near capacity.
In response, Harris has said he would include a sewer treatment system in the plans and also address water line sizes to allay fears by the fire department on inadequate water pressure.
Landry told the plaintiff that the council has the right to take the action it took and added that she cannot grant a permanent injunction.
“The law is not on your side,” she said. “Nothing I’ve heard would allow me to give injunctive relief.”
She added that the merits of the case are a different issue that should be heard in a different arena.
After the hearing, Harris’ attorney, Michael Bell of Baton Rouge, said they would take the issue to federal court.
After meeting in executive session for almost an hour Wednesday Parish Council members agreed to continue to retain Lafayette attorney John Mouton to handle the case.