Officials in Terrebonne consider retracting ban, lawsuit pending

Officials from Terrebonne Parish could trump a moratorium by the end of the month, a move that was originally made to halt heavy construction on property located near the CCC ditch in Gray.

Council members voted to put the ban into effect by a vote of 5-4 earlier this year, following a series of complaints from homeowners living near the drainage ditch who said the measure was needed so that drainage improvements could be made before large developments, mostly commercial, were built. Teri Cavalier, a representative from Gray, and Chairwoman Arlanda Williams supported the recommendation.

The 120-day ban went into effect in March, but drew sharp criticism from some local developers. Those concerns, which were expressed verbally, have since turned into legal action.

Ronnie Theriot, owner of Evangeline Business Park, filed a suit in Houma’s district court at the end of March, claiming the moratorium could halt the sell of 25 acres to an out-of-state company, potentially costing him $1.9 million. Legal documents refer to the measure as “capricious and unconstitutional.”

In the suit, Theriot explained that “…abnormal amounts of seasonal rainfall coupled with the complete lack of maintenance [to the 1-1B Drainage Project] over many years led to flooding in certain areas.

“It was this [rain and flooding] that caused the Terrebonne Parish Council to have a knee-jerk reaction and pass the ordinance containing the moratorium,” he said.

Henry Richard, a Houma-based developer, and Terrebonne Waterworks General Manager Barry Blackwell have threatened to take similar action on behalf of their company Northpark. But residents of a well-known subdivision, Southern Estates, aren’t giving up just yet.

SHALL WE?

Last Monday, council members voted 5-4 to consider dissolving the ban, a move prompted by councilmember Joey Cehan. That request will be discussed at a public hearing on May 26.

Arlanda Williams, Kevin Voisin, Teri Cavalier and Alvin Tillman voted to keep the moratorium alive until it expires in June.

If the ban is upheld, officials have indicated that Theriot will be exempt from its restrictions. Richard is seeking similar treatment.

Members of the Southern Estates Homeowners Association submitted a letter to the council last Wednesday, asking for the completion of the 1-1B Forced Drainage Project and blaming the parish for not doing its part to protect homeowners. If those strides are not taken, officials could face an even more dismal situation down the road.

“We are sure that if subdivisions in this area flood because of negligence on the part of the parish, there will be class action lawsuits filed on behalf of residents,” said Jason Baker in the letter, president of the Southern Estates Homeowners Association.

Some council members said that retracting the ban would send the wrong signal to residents. “We’re responding to lawsuit after lawsuit after threatening of lawsuit,” touted Voisin. As far as the ban goes, “That’s all that changed,” he said.

Tillman agreed, saying lawsuits are not uncommon and things need to be settled. “It’s just part of what we do. It happens all the time.”

But other council members who opposed the measure ridiculed it for inviting unwanted litigation. “The moratorium is the reason we got sued,” explained Council Member Clayton Voisin.

According to court documents, Theriot is still waiting to present his case before a judge.

Parish President Michel Claudet said that no settlements have been discussed.