A federal court ruling has cleared the way for developer George Robinson to seek damages from the city-parish and the Planning Commission for denying preliminary approval of Mallard Trails, a 57-acre subdivision he was trying to develop off Hoo Shoo Too Road.
But the court stopped short of forcing the Planning Commission to grant the approval Robinson was seeking.
In April 2013, the Planning Commission rejected Robinson’s proposed 90-lot Mallard Trails, which was opposed by area residents because of fears of increased traffic, road safety and drainage problems. One month later, Robinson sued the city-parish, Planning Commission and individual commissioners, arguing that public opinion should not have factored into the decision at such an early stage of the approval process.
The city-parish opposed the suit and asked the court to throw it out, arguing the Planning Commission was within its rights to deny preliminary approval.
In his March 20 ruling, U.S. District Judge John deGravelles refused to throw out the suit, and said Robinson has a right to pursue damages.
“Public opposition can play a role in the decision to deny preliminary plat approval,” deGravelles writes in the ruling. “But it can only do so if it rests on other legitimate reasons.” The judge went on to note that, “Defendants advance several arguments in support of their argument that they were objectively reasonable (in their decision). However … based on the facts alleged in the petition, the defendants were objectively unreasonable.”
It is unclear when the case may return to court.
Planning Director Frank Duke, who did not take office until more than one year after the suit was filed, could not comment on the specifics of the case or what legal direction the city-parish may take. However, he says he is not concerned about copycat lawsuits or legal fallout from any other decisions the Planning Commission has made.
“It’s very early, really, but I don’t think this ruling would cause us to change anything about the way we do business,” Duke says.
Robinson could not be reached for comment. His attorney declined to comment.
—Stephanie Riegel
