Apartment building owner claims government contractor used property in constructing levee wall

Kyle Barnett Aug. 28, 2012, 12:16am

Julie Steed Kammer

NEW ORLEANS – A New Orleans apartment building owner is suing a government contractor claiming a part of its property was excavated without permission during the building of flood control structures.

Sailboat Bay Apartments, LLC filed suit against Tetra Tech EC, Inc. and the Coastal Protection & Restoration Authority of Louisiana in the Orleans Parish Civil District Court on July 18.

Sailboat Bay claims Tetra Tech was contracted to construct a levee wall adjacent to its property. The plaintiff alleges that during construction of that structure the defendant used portions of its ground including landscaping for the levee structure. Sailboat Bay asserts it contacted officials at Tetra Tech who said they were responsible for the damage and that restitution would be made, however, Sailboat Bay claims no landscaping was replaced.

The plaintiff claims Tetra Tech removed or damaged part of its parking lot structure, removed a portion of an eight foot concrete wall, damaged the apartment building structure by temporarily attaching electric poles to the property and striking the building, damaged pipe insulation hanging over the garage, damaged green space adjacent to the building and removed landscaping around the building.

The defendant is accused of failing to rebuild the concrete wall to its original height and with like materials and proper workmanship, failing to properly lay the parking lot foundation in a quality and workmanlike manner, failing to properly grade the slope of the foundation to allow for proper drainage, failing to properly design or install a drainage system to prevent flooding, failing to re-stripe the parking lot, failing to repair or replace damaged portions of the building, removing or damaging greenery and other landscape, failing to return the property to its pre-construction condition and taking and using property to the deprivation of the plaintiff without proper compensation.

An unspecified amount in damages is sought for repair and replacement costs of all property damaged, impaired and destroyed along with attorney's fees.

Sailboat Bay is represented by Julie Steed Kammer of Metairie-based Staines & Eppling.

The case has been assigned to Division G Judge Robin M. Giarrusso.

Case no. 2012-07027.

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