2000-0290
INTRODUCED BY: ALBERT D. LAQUE, PARISH PRESIDENT
(DEPARTMENT OF LEGAL SERVICES)
ORDINANCE NO. _____________
Title
An Ordinance to authorize the Parish President to make total, full and final settlement in the matter entitled "Audubon Barges, Inc. vs. St. Charles Parish", United States District Court for the Eastern District of Louisiana, No. 99-1877, United States Fifth Circuit Court of Appeals, No. 99-311663 and the matter entitled "St. Charles Parish v. Audubon Barges, Inc." 29th Judicial District Court, No. 51,696, which said matter was removed to the United States District Court and consolidated with "Audubon Barges, Inc. vs. St. Charles Parish ", United States District Court for the Eastern District of Louisiana, No. 99-1877; to purchase property needed for servitudes for the construction of wastewater regionalization program and to enter into an Act of Exchange with Audubon Barges, Inc.
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WHEREAS, Audubon Barges, Inc. filed a lawsuit entitled "Audubon Barges, Inc. vs. St. Charles Parish" No. 99-1877, United States District Court to contest the issue of St. Charles Parish's right to expropriate property from Audubon Barges, Inc.; and,
WHEREAS, St. Charles Parish previously filed a lawsuit entitled "St. Charles Parish vs. Audubon Barges, Inc.", No. 51,696, 29th Judicial District Court, to contest the issue of its right to expropriate property from Audubon Barges, Inc.; and
WHEREAS, the United States District Court rendered Summary Judgment in favor of St. Charles Parish upholding its right to expropriate property from Audubon Barges, Inc.; and
WHEREAS, Audubon Barges, Inc. appealed said Judgment to the United States Fifth Circuit Court of Appeal, No. 99-31163, which appeal remains open and pending; and
WHEREAS, St. Charles Parish is in immediate need of certain property and servitudes for the construction of its sewerage treatment facility and regionalization of the wastewater facilities; and
WHEREAS, St. Charles Parish has prev...
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