Lafayette Consolidated Government (LCG) sued St. Martin Parish last week in anticipation that the parish was about to hit LCG with a lawsuit objecting to Lafayette’s removal of dirt levee material along the Vermilion Bayou.
The lawsuit, which was filed in the 15th Judicial District on March 23, seeks to have the court declare that LCG’s removal of the “spoil bank” complied with all regulations, ordinances and laws and that it did not need a permit from the U.S. Army Corps of Engineers to do so.
The complaint argues that the placing of this sediment on the St. Martin side of the Vermilion Bayou impeded the flow of water between the bayou and the nearby Cypress Island Swamp. Reduction of the height of the spoil bank, which dates back to the 1950s, will serve to protect thousands of residents in the region from floodwaters, the lawsuit says.
“If the height of a portion of the unintentionally created spoil bank in St. Martin Parish was reduced, free exchange of the storm water into and out of the Cypress Island Swamp could be restored, and the Cypress Island Swamp could be returned to a natural retention area for floodwaters,” the lawsuit states
An attorney representing St. Martin Parish on the spoil bank took issue with LCG’s legal actions.
“St. Martin Parish was never in a ‘race to courthouse,’ and as citizens should be aware, cases are won on the facts and the law,” Steven Oxenhandler told the Louisiana Record. “Blatant forum shopping does not ensure any victory, and there is no guarantee the case will even be tried in Lafayette District Court just because it was filed (there).”
The complaint paints a picture of parish officials stalling and asking for additional studies before agreeing to the levee removal. In turn, Lafayette purchased an interest in the land where the spoil bank was located and developed plans to remove them based on previous regional studies, according to the lawsuit.
“Our engineering studies are much different,” Oxenhandler said. “The Corps of Engineers still has not issued a permit for the work, and Lafayette Consolidated Government never received a permit from St. Martin Parish either, which is required.”
The work LCG did to the bank in February creates safety concerns for the parish, he said.
“They removed levees sufficiently enough to cause damage and problems for St. Martin Parish,” Oxenhandler said.