The First Circuit Court of Appeals is scheduled to hear oral arguments this morning in businessman and former state representative Woody Jenkins’ case challenging the city-parish’s annexation of the Mall of Louisiana last May. Last summer, the 19th Judicial District Court threw out Jenkins’ challenge to the annexation on the grounds that he did not have legal standing to file the suit.
Though Jenkins lives on North Foster Drive in Mid City, he argued in his original petition that he could be affected by the annexation because “it creates an unwieldy and unworkable situation” with respect to police patrols at the Mall of Louisiana and would potentially divert Baton Rouge Police Department officers from high crime areas where they are needed.
In anticipation of today’s hearing, Jenkins tells Daily Report he is hopeful the appellate court will rethink the lower court’s decision.
“We believe the Plan of Government provides that any citizen has the right to challenge annexation,” he says.
Attorney Mary Olive Pierson, who represents the city-parish in the matter, says the case is cut and dry.
“The sole and exclusive issue is whether a person living on North Foster Drive and will be unaffected by the Mall of Louisiana’s petition has any interest in that lawsuit,” she says. “And the court ruled that he does not.”
The city-parish’s annexations last year of the mall and several other large properties, including Baton Rouge General Medical Center and Our Lady of the Lake Regional Medical Center, was a significant flashpoint in the effort to incorporate a new city of St. George. Supporters of the St. George incorporation movement have claimed the annexations were designed to reduce both the footprint and potential tax base of the proposed city.
The First Circuit is not expected to rule today but to take the matter under advisement. —Stephanie Riegel
