Homeowners join lawsuit to control Eden Isles growth

Rob Buettner EDEN ISLES- Members of the Eden Isles Homeowners Association have officially intervened in a lawsuit brought by Oak Harbor land developers against the parish, according to Dale Wood, president of the homeowners association. The move makes the homeowners association a material part of the suit, forcing them to hire legal counsel, but Wood said the group felt it had to step in and make its case. "The board voted to intervene in the lawsuit," said Wood. Azalea Lakes Partnership and Oak Harbor Investment Properties, both headed by Richard Hartley and David Vey, filed suit against St. Tammany Parish in October, 2000, claiming that the parish had violated its development agreement with the developers and that this constituted a breach of contract. The two developers are asking that the development agreement be voided. Eden Isles residents are worried that if the developers should win their suit, they would have the freedom to sell the empty land by Interstate 10 to large scale businesses. Their decision to actively participate in the lawsuit comes after the group protested plans in December to build two gas stations and a grocery store at the I-10 entrance to Eden Isles/Oak Harbor. At the Oak Harbor Homeowners Association meeting in November, developers had announced that they were discussing land purchases near I-10 with potential suitors Chevron, Exxon and Albertson's. After learning of this announcement, local residents called for a conference with Oak Harbor developers for the second time in six months because they want a hand in choosing "appropriate" purchasers for commercial property owned by Oak Harbor developers. According to a statement released by the homeowners association, residents believe that "commercial development in the area should be appropriate, provide services and products primarily to local residents and not lower their property values." Wood said the two sides could not reach a consensus on a meeting time, and so the Eden Isles homeowners had to take action. Oak Harbor developers entered into a development agreement with the parish in 1988 which affirmed Planned Unit Development (PUD) zoning for Oak Harbor. PUD zoning allows flexibility in development of the land and permits mixed uses, including residential and commercial. The development agreement between the two parties also provided for the payment of impact fees by the developers to the parish, with the developers paying the parish $750-$1,000 for each single family residential lot that is sold in Oak Harbor. In their suit against the parish, Hartley and Vey state that the parish, among other misgivings, capriciously denied conditional use permits and sign approvals in a pair of business deals that would have netted the developers $782,500. In 1995, a 45-foot high, 250 square foot Spur/Burger King sign that was initially approved by the Zoning Commission was later denied by the Police Jury. Murphy Oil USA immediately pulled out of their land purchase agreement with the Oak Harbor developers following the decision, and Oak Harbor Investment lost out on the $464,500 that the deal would have brought. In a petition campaign in July of 2000, Eden Isles residents managed to stop the development of an 80,060 square foot self-storage facility proposed for the entrance to Eden Isles/Oak Harbor by appealing to the St. Tammany Parish Council. The council upheld the Zoning Commission's denial of a conditional use permit for the Oak Harbor Investment Properties proposed development, and the $318,000 purchase agreement for the land was canceled. In their suit, Hartley and Vey are seeking damages from the St. Tammany Parish government including attorney's fees, losses in value and fair returns on the two purchase agreements which were canceled. In addition, the developers are asking that the impact fees being held by the Clerk of Court not be paid to the parish. Hartley and Vey did not return phone calls for comment on the story.