Slidell developer named in environmental class action

Kyle Barnett Jan. 23, 2012, 1:32pm

NEW ORLEANS – A Slidell developer has been named in a class action lawsuit for alleged environmental effects stemming from using its property as a staging area in the demolition of a bridge.

Daniel Wagner, his family and other area residents filed suit on Jan. 17 in the Orleans Parish Civil District Court against Tammany Holding Company LLC and other parties.

The plaintiffs claim the holding company entered into agreement with other contractors demolishing the old I-10 twin span bridge that was damaged by Hurricane Katrina. The filing alleges a residential area is being used as a staging area where larges pieces of concrete are broken into smaller pieces and that through that process high levels of concrete dust and particulate matter accumulates on the properties of nearby residents.

The plaintiffs assert the dust causes adverse health effects to those in the community. It is also alleged that the ground vibrations caused by the work have cracked the foundations of nearby homes.

The defendants are accused of not obtaining the correct permits for the job. The plaintiffs also claim air quality tests obtained from the site have revealed particulate matter in the air above an acceptable level and that the defendants have failed to reduce airborne dust emissions.

The plaintiffs claim the defendants are causing physical annoyance and discomfort to neighbors who are being deprived of reasonable enjoyment of their property.

The plaintiffs are seeking a judgment against the defendants that would force them to acquire all necessary permits, install air pollution controls, take reasonable precautions to prevent particulate matter from becoming airborne, work in a manner that prevents clouds of dust and that all work complies with parish law regarding nuisance.

The plaintiffs are being represented by Stuart Smith of New Orleans-based Smith Stag.

The case has been assigned to Division F Judge Christopher J. Bruno.

Case number 2012-00453

More News