Following Monday’s hearing in 19th Judicial District Court upholding the right of Mayor Sharon Weston Broome and Metro Council member LaMont Cole to legally challenge the incorporation of the prospective city, Broome declared she was “extremely happy” with the outcome of the hearing, which she termed a victory.
So how is it that organizers of St George also called the ruling “a big win” for their side, even though it clears the way for the suit to go forward?
The answer lies in an issue that really was never an issue in the Broome lawsuit, which was filed last November in the wake of the October incorporation election.
The suit challenges the incorporation on three grounds laid out in state law: The prospective city must demonstrate it has the financial wherewithal to support itself, that it can deliver city services in a reasonable amount of time and that it will not adversely affect any nearby municipalities, like the city of Baton Rouge.
But in their objection challenging the legal standing of three of the four plaintiffs to file the suit, St. George organizers also argued that the suit amounted to an election challenge.
Broome’s attorney, Mary Olive Pierson, says the suit was never an election challenge but prior to Monday’s hearing, in an effort to address the discrepancy, she agreed to stipulate for the record that the suit was not an election challenge.
Following the hearing, Murrell said the stipulation was the victory.
“That is the win,” he says. “They aren’t saying the election was unlawful. Based on the stipulation, they are saying this isn’t about the election. It’s about money.”
Pierson counters it was never an election challenge.
“We’re challenging the incorporation effort under Title 33 of state law,” she says. “This is not an election challenge, which would come under Title 18. It’s not, never was, never will be.”
The issue matters because if the outcome of the election is valid, then the prospective city is effectively certified, according to St. George organizers.
Lionel Rainey III, a political strategist for St. George, went so far as to say Morvant’s ruling Monday amounted to a certification of the prospective city.
Pierson argues that nothing could be further from the truth, citing a provision in state law that says a judge will certify the incorporation of a prospective city once any litigation is completed. She said Monday that litigation could drag on for three or more years.
But St. George organizers say they’re moving forward as if the incorporation has been certified.
“We are continuing to move forward and you will see a transition district bill in the Legislature,” Rainey says. “This is going to happen and it will be a successful city.”
The transition district bill won legislative approval a year ago before it was vetoed by Democratic Gov. John Bel Edwards. The bill will come from state Sen. Bodi White and mirrors last year’s legislation. Read a new opinion piece about St. George from Business Report Executive Editor JR Ball.
