From Woody Jenkins... Can ANYONE challenge illegal actions by the Metro Council? The City of Baton Rouge says No! On Monday, July 7, the City of Baton Rouge had been ordered to file an answer to our lawsuit challenging the purported annexation of a portion of The Mall of Louisiana. Instead, the City filed an exception claiming that I have no right to challenge the illegal annexation. Implicit in their position is that virtually NO ONE has the right to go to court to challenge their illegal actions! The attorney for the City of Baton Rouge said, Jenkins doesn’t live in the annexed area, nor does he live in the unincorporated part of the parish that is losing the mall and the hospital to the city of Baton Rouge. Think about that for a moment. She said 1) I dont live in the annexed area and 2) I dont live in the unincorporated part of the parish. But lets look at the facts and the law. The fact is I reside in the City of Baton Rouge and have almost my entire life. The law is Section 1.09 of the East Baton Rouge Parish Plan of Government, which says any citizen of the city can file suit to challenge an illegal annexation by the City of Baton Rouge. Here is that provision of law: SECTION 1.09 Additions to the Boundaries of the City of Baton Rouge Whenever a majority in number and amount of property tax payers, as certified by the Assessor, in any compact body of land adjoining the City of Baton Rouge but not part of an industrial area, shall petition the governing body of the city to be included in the boundaries of the City of Baton Rouge the said body shall fix a time, not less than ten nor more than thirty days after the filing of such petition, at which it shall hold a public hearing on the proposal to so extend the boundaries of the City of Baton Rouge. Notice of such hearing and of its time, place, objects and purposes, shall be given by publication twice in the official journal of the parish, which publication shall be completed not less than five days prior to the hearing. The valuation of the property owned by each of the signers of the petition shall be certified by the Parish Assessor as the valuation of such property appears in the last completed assessment of property, provided that he shall take account of subsequent change of ownership and if in any case the property of the present owner has not been specifically assessed the Assessor is authorized and directed to estimate the value of such property. After the conclusion of the hearing the governing body of the city may in its discretion add by ordinance, without additional public hearing, such body of land to the boundaries of the City of Baton Rouge and as such it shall become part of the City of Baton Rouge. Such ordinance shall be published in accordance with law and shall not go into effect until the thirtieth day following its final passage. During such period any citizen of the city or the area proposed to be added thereto may file and appeal therefrom in the District Court in the manner and with the effect provided by law. After the conclusion of such period the ordinance shall not be contested or attacked for any reason or cause whatever. (As amended October 20, 2007) Heres the comment I issued today on the Exception filed by the City of Baton Rouge on our suit, Jenkins v. City of Baton Rouge, regarding the issue of whether or not I have standing to file suit challenging the annexation: When the City of Baton Rouge attempts to annex property into the city, the Metro Council must comply with both state law and the Plan of Government. On the other hand, citizens who wish to challenge an annexation get the benefits of both state law and the Plan of Government. While state law in R.S. 33:174 requires that the person challenging the illegal annexation be an interested citizen, the Plan of Government does not. The Plan of Government specifically says in Section 1.09 that any citizen of the city can file suit. Then the Plan of Government says that such suit shall be tried in the manner and with the effect provided by law. Trying the case in the manner and with the effect provided by law does not in any way change the fact that any citizen of the city may file suit. Who may file suit is much broader under the Plan of Government than under R.S. 33:174, but the procedures to be followed are the same under both state law and the Plan of Government. According to the City of Baton Rouge, it is virtually impossible for anyone to file suit to challenge an illegal annexation — despite the clear language of the Plan of Government! I feel very confident that I have standing to challenge this illegal annexation and that we will be successful on the merits of the case. The purported annexation of portions of The Mall is completely illegal under both state law and the Plan of Government for the reasons stated in our Petition in the case. It is unfortunate that the City of Baton Rouge is doing everything it can to delay this controversy from coming to a prompt and lawful resolution.
Posted on: Tue, 08 Jul 2014 04:07:46 +0000
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