Hedges rules in favor of Parish Coucil; appeal to be filed
Despite 22nd Judicial District Judge Patricia Hedges' ruling in favor of the parish, the citizens seeking to repeal the zoning change for the Nord du Lac development are still very optimistic about the eventual outcome.
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Taking the stand that the initiative and referendum process does not apply to zoning ordinances, Neil Hall, counsel for the Parish Council, argued the case last week.
He said the state constitution strictly sets up the process for making zoning changes, and that process does not include a vote of the people. Therefore, he said, using the initiative and referendum process to overrule a decision already made by the Parish Council in regards to zoning would be unconstitutional.
Joe Ward, attorney for Smart Growth Tammany, the group in opposition to the zoning, charged that the charter did not list zoning changes in the list of exclusions from the initiative and referendum process, and therefore it qualifies.
Ward said the wording in the charter was a little confusing, and he admitted he had to question the meaning of one of the words in the charter - pertain.
The Home Rule Charter reads "If the proposed ordinance pertains to an area which is less than parish wide, the number of signatures on the petition shall be twenty (20) percent of the registered voters in the affected area."
Hedges said since Ward seemed so hung up on the word she sought fit to clarify its definitions, and she brought laughs from both sides when she asked the bailiff to look up "pertain" in the dictionary.
"Go in the library and get that large dictionary," Hedges told the bailiff, who came out carrying a carrying a very large dictionary, which Hedges used to look up the word.
After hearing both sides, Hedges delivered her ruling.
During her ruling she pointed out the rights provided under the First Amendment and the importance of involving the public in decisions made by governing bodies.
"The right of the people to petition their government to address their grievances is fundamental," she said.
But after a quick "however," Hedges said in this case the citizens have had that right through the normal zoning change procedures.
"We cannot have a Parish Council that violates the state Constitution or the Constitution of the United States," she said.
Neither side seemed too worried about the ruling.
Bruce Wainer, the owner of the property in question, said his plans are still on schedule and he hopes to begin construction this summer, with an opening date for the stores planned for late 2007.
Ward said his clients would file an appeal as soon as possible with either the Supreme Court or the First Circuit District Court of Appeals.
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