Recent Development by G. Roth Kehoe II
In the early 1980s, the Orleans Levee District (Levee District) notified the City of New Orleans that it intended to develop a marina on land that it had reclaimed from Lake Pontchartrain located at South Shore Harbor. New Orleans' zoning regulations require that the developer of a project, like the marina, obtain special approval from the city. In 1984 the Levee District began construction of the marina without the required approval. In 1986 the Levee District began construction of twenty-six covered boat slips without applying for the required building permits from the city. In discussions with the city, the Levee District refused to comply with the city ordinances, claiming that they were not legally enforceable against the state agency. In 1990, the dispute reached its climax when Levee District police ordered a city building inspector off the construction site. New Orleans sued, seeking a declaratory judgment and an injunction to restrain the Levee District's violation of the ordinances. The trial and appellate courts held that the city could not enforce its zoning and building laws against the Levee District. In reversing the district court and the court of appeal, the Louisiana Supreme Court held that New Orleans' home rule charter empowers the city to enforce any ordinances not inconsistent with the Louisiana Constitution. City of New Orleans v. Board of Commissioners, 640 So. 2d 237 (La. 1994).
About the Author
G. Roth Kehoe II.
Citation
69 Tul. L. Rev. 809 (1995)