Saturday, August 5, 2023

Judge dismisses parish zoning suit

A state judge threw out a 1990 St. John the Baptist Parish zoning ordinance for land, in the predominantly Black community of Wallace, on which a $225M grain export terminal is planned to be built by Greenfield Louisiana LLC. 

The ruling, which can be appealed, may cast uncertainty over the grain terminal plans, supported as an economic development project. Opponents however claim it would further pollute the historic African American community. 

Fortieth Judicial District Judge J. Sterling Snowdy said the ordinance was not first signed off by the parish planning commission, as required under the parish's home rule charter. 

A lawsuit challenging the ordinance was filed in November 2021 by the Descendants Project and its founders, sisters Jo and Joy Banner, who oppose additional industrial development in the River parishes, including the proposed 56-silo grain terminal planned for the West Bank. 

At the time the ordinance was approved, the parcel of land along the Mississippi River was proposed as the site for a Formosa rayon manufacturing plan. That effort was abandoned. 

Snowdy dismissed several reasons given by the Descendants organization for overturning the ordinance, that it was part of former parish president Lester Millet's attempt to move the Formosa project forward. 

Millet was indicted in 1995 on charges of money laundering, extortion and racketeering in connection with the Formosa deal.

But Snowdy ruled that he couldn't just use the results of Millet's court conviction in the present case and said the Descendants failed to provide direct evidence. 

Greenfield and parish officials had argued in May that the approval of the zoning change was legal. In his ruling, Snowdy agreed with them and not a reason to rule the ordinance invalid.

The Descendants organization also has a separate lawsuit outstanding against the Port of South Louisiana claiming the port improperly approved a payment-in-lieu-of-taxes agreement allowing Greenfield to avoid $200M in parish taxes over 30 years. 

The suit charges the port decided to back the PILOT agreement behind closed doors before a public hearing in violation of the state's public meeting law. 

Port officials have denied any violations. (NOLA.com 08/04/23) Ruling may cast uncertainty over St. John grain terminal | Environment | nola.com

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