Welcome to the official website for the London Avenue Canal Class Action Case. Here, participants can find detailed information about the case, including the latest updates, key details, and how to get involved. Our team of legal experts is dedicated to providing transparent and accessible information to all those affected by this important issue.
By agreement of this Court and all Parties, Plaintiffs' Motion for Approval of Proposed Class Notice Plan, filed on May 9, 2024, on behalf of Robert Joseph, et al, and the Memorandum in Opposition to Motion for Approval of Proposed Class Notice Plan, filed on June 4, 2024, on behalf of Defendants, Southeast Louisiana Flood Protection Authority-East and Orleans Levee District, were submitted on the briefs. After considering the record and the submitted briefings, the Court renders the following judgment. IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiffs' [Robert Joseph, et al] Motion for Approval of Proposed Class Notice Plan, is GRANTED. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the ''LONDON A VENUE CANAL CLASS ACTION NOTICE" is to read as follows: IF YOU OWN PROPERTY ALONG THE LONDON A VENlJE CANAL, A CLASS ACTION MAY AFFECT YOUR RIGHTS This notice was authorized by the Civil District Court for Orleans Parish.
The Plaintiffs and the proposed class members are all seeking compensation for the deprivation of the use, enjoyment and value of their homes and/or property that resulted from an act in 2015, No. 287 amending La. RS. 38:225 to prohibit placement of structures, plants or other objects within 6 feet of the London Avenue Canal levee. La. R.S. 38:225 also provides, "[t]he prohibited area shall be 15 feet if the federal government, including but not limited to the United States Anny Corps of Engineers or the Federal Emergency Management Agency, requires, by law or regulation, the prohibited area to be greater than six feet". Further, this proposed class action seeks the kind of process and full compensation that should have been provided to the Plaintiffs if the Defendant wished to use the class members' property for the purpose established in Act 2015, No. 287, §1.
The lawsuit claims that some of the property within 15 feet of the toe of the levee belongs to private landowners. The lawsuit asks for damages from the operation of a regulatory and permitting scheme imposed by the defendants.
Plaintiffs contend that before the 2015 amendments to this law, the law did not apply to drainage canals. Plaintiffs also contend that the 2015 amendments imposed unique, onerous and uncompensated restrictions on 220 properties abutting the London Avenue Canal resulting in the immediate taking of a six-foot prohibited zone along the rear of each property, and the assignment to the U.S. Army Corps of Engineers of another nine foot prohibited zone along each property. Plaintiffs seek class-wide adjudication, compensation and injunctive relief, as described in their original and amended Petitions.
To establish inverse condemnation, Plaintiffs must submit evidence in support of their claims that (1) a recognized species of property right has been affected; (2) the property has been taken or damaged in a constitutional sense; and (3) the taking or damaging was for a public purpose under Article I,§ 4 of the Louisiana Constitution. Based on the affidavits of Mr. and Mrs. Roberts and Ms. Bierria, and the cash sale deed and act of donation from the conveyance records, the court of appeal found that the first element of inverse condemnation was met. The Roberts and Ms. Bierria, as the owners of their respective property, had, among other rights, the rights of use and enjoyment.
The plaintiffs in this lawsuit are people who owned property abutting the London Avenue Canal at anytime from August 1, 2015, up to the present. Plaintiffs sued and named the following Defendants: State of Louisiana, Through the Governor, The Division of Administration, State Land Office ("SLO"), and the Southeast Louisiana Flood Protection Authority East (''FPA") jointly with Orleans Levee District ("OLD") (collectively the "Defendants"). The plaintiffs seek damages to the property owners resulting from the permitting and operation of the levees on the east and west sides of the London Avenue Canal, including that defendants pay plaintiffs for the land taken and all damages resulting therefrom and from related unlawful regulatory schemes. The Orleans Parish District Court, Division F-14, issued a ruling on April 26, 2023, that allows this case to be brought as a class action. Class members are defined as those who own property abutting the London Avenue Canal, from August 1, 2015 up to the present, except for the land owned by defendants. A listing of all the properties which are within the class is included at the end of this notice. You can use this list, along with your tax bill, to determine if you are a class member; that is, whether you own property that is involved in this lawsuit. The Court has not yet decided whether any of the defendants did anything wrong. There is no money available now, and no guarantee that there will be. Additionally, the Court has not made any findings of fact in favor of Plaintiffs or against Defendants including but not limited to, whether a taking has occurred and/or the lawfulness or applicability of La. R.S. 38:225.
1. Where is this case being tried?
The case is called No.: 2016-9374; JOSEPH ROBERT, GLORIA DECUIR-ROBERT, GWENDOLYN BIERRIA, ET AL VERSUS STATE OF LOUISIANA, THROUGH THE GOVERNOR, THE DIVISION OF ADMINISTRATION, STATE LAND OFFICE, AND THE ORLEANS LEVEE DISTRICT, AND THE SOUTHEAST LOUISIANA FLOOD PROTECTION AUTHORITY - EAST. Judge Jennifer Medley of Division "F" of the Civil District Court of Orleans Parish, Louisiana is the presiding Judge overseeing the case.
2. When is the trial?
Trial of the above-captioned and numbered proceeding is to be tried before this Court on NOVEMBER 12, 2024, for a TEN-DAY BENCH TRIAL. The case management order jointly completed by the parties, at a later date, is to set deadlines in accordance with the bench trial set to commence on November 12, 2024. Out of an abundance of caution and out of consideration of judicial efficiency, a back-up trial date has been scheduled for March 17, 2025, for a ten-day bench trial. As long as the case isn't resolved by a settlement or otherwise, Class Counsel will have to prove the Plaintiffs' claims at a trial. The trial is currently set to start on November 12th , 2024 in the Civil District Court for the Parish of Orleans, 421 Loyola Avenue, New Orleans, LA 70112. During the trial, a jury or the judge will hear all of the evidence to help them reach a decision about whether the plaintiffs or defendants are right about the claims in the lawsuit. There is no guarantee that the plaintiffs will win, or that they will get any money for the Class.
3. Do I need to be at the trial?
You do not need to attend the trial. Class Counsel and Class Representatives will present the case for the plaintiffs, and defendants will present their defenses. Class Counsel may contact you for information in helping to prepare this case for trial. You may participate as you will. You or your own lawyer is welcome to come to any of the court proceedings, at your own expense. If the Plaintiffs obtain money or benefits as a result of the trial or a settlement, you will be notified about how to participate. It is not known how long this will take.
4. What needs to be proven at trial?
Plaintiffs have to submit evidence that (1) a recognized species of immovable property right(s) has been affected; (2) the property has been taken or damaged in a constitutional sense; and (3) the taking or damaging was for a public purpose under Article I, § 4 of the Louisiana Constitution. Among the claims being asserted by the plaintiffs are compensation for immovable property taken, reimbursement of property taxes, improper taking of property, the improper and unduly onerous regulatory scheme and damages suffered therefrom related to the affected properties, and claims for injunctive and declaratory relief.
1. What Do the Plaintiffs Say the Defendants Did?
Among the claims being asserted by the plaintiffs are compensation for immovable property taken, reimbursement of property taxes, improper taking of property, the improper and unduly onerous regulatory scheme and damages suffered therefrom related to the affected properties, and claims for injunctive and declaratory relief.
2. What Do the Defendants Say?
Louisiana law has prohibited interference with levee safety and maintenance for over a century. In 1950, the Louisiana legislature enacted La. R.S. 38:225 to prohibit the placement of objects within six feet of a levee that obstruct or interfere with the safety of the levees or serves as an obstacle to the inspection, construction, maintenance, or repair of the levee.
Pursuant to this statute, and at the request of the United States Army Corps of Engineers, this six-foot area was cleared of obstructions along the London A venue Canal following Hurricane Katrina in order to ensure the safety and integrity of the levee. In 2011, the Louisiana legislature amended La. R.S. 38:225 to expand the non-obstruction zone to fifteen feet throughout the state. At the request of the Southeast Louisiana Flood Protection Authority-East, the legislature amended the statute in 2015 to reduce the non-obstruction zone from fifteen feet back down to six feet for levees fronting the three outfall drainage canals in New brleans, including the London Avenue Canal. The statute preserves the ability for the Flood Protection Authority to expand the zone from six feet to up to fifteen feet if ordered to do so by federal law or regulation.
The statute permits the Flood Protection Authority to remove any obstructions placed in the non-obstruction zone after 48-hours' notice to the property owner. The statute also provides for civil or criminal penalties for violations.
The statute further allows the Flood Protection Authority to seek damages or injunctive relief to remedy any violations. The plaintiffs contend that the statute on its face was an unconstitutional taking of property along the London Avenue Canal, which occurred on August 1, 2015 - the date the 2015 amendment reduced the non-obstruction zone from fifteen feet down to six feet. Defendants disagree and contend that the statute does not constitute a taking of property.
It is the position of the Flood Protection Authority that the statute does not interfere with your property rights. The Flood Protection Authority has always enjoyed a good working relationship with its neighbors along the London Avenue Canal that has balanced the need for levee integrity with your rights as property owners. Other state statutes, not challenged in this litigation, similarly prohibit activities on or near levees that threaten the safety of the levee, or allow the implementation of a permitting process for activities within a distance to a levee far greater than the zone established by La. R.S. 38:225. It is also the position of the Flood Protection Authority that it does not own any portion of your property.
The Flood Protection Authority argues that if the six-foot non-obstruction zone constitutes a taking, the time period to bring such a claim long expired and the claim is prescribed as a matter of law.
3.. Has the Court Made a Decision?
The Court hasn't decided whether the plaintiffs or the defendants are correct. By establishing the Class and issuing this Notice, the Court is not suggesting that the plaintiffs will win or lose this case. The plaintiffs must prove their claims at a trial starting November 12, 2024
3. What Does the Lawsuit Ask For?
Plaintiffs asks for the following:
A. Judgment in favor of each Petitioner and class member and against the Defendants declaring that the Defendants are liable to the Plaintiffs and class members for full and fair compensatory damages resulting from the Defendants' legislative taking of the Plaintiffs and class members' properties;
B. That the Defendants be charged with reimbursing the Plaintiffs and class members for all taxable costs for the prosecution of this action, and for the legal interest owed on all damages from the date of judicial demand until fully and . finally paid;
C. That the Defendants be charged with payment of reasonable attorney's fees, all costs associated with the litigation, engineer, surveyor and appraisal fees, in favor of Plaintiffs and class members, and for the legal interest owed on such fees from the date of judicial demand until fully and finally paid; and
D. Such other compensatory, injunctive and equitable relief as may be just in the circumstances.
1. QUALIFIED LANDOWNERS ARE AUTOMATICALLY IN THE LAWSUIT AND DO NOT NEED TO DO ANYTHING
If you do nothing, you will stay in this lawsuit as part of the class. You will give up certain rights. By remaining part of the class, you keep the possibility of getting money or other benefits that come after a trial or a settlement. However, you give up any right to sue any of the other defendants separately about the legal claims in this lawsuit.
2. ASK TO BE EXCLUDED FROM THE CLASS
Get out of this lawsuit. Get no benefits from it. Keep your right to sue individually and separately, at your own cost. If you ask to be excluded from the class, you will not be bound by any judgment rendered by the Court. However, you will keep the right to sue any of the defendants separately about the legal claims in this lawsuit. This lawsuit and your options are explained in more detail in the rest of this notice. To ask to be excluded from the class, you must act before AUGUST 15, 2024. Lawyers must prove the claims against the State, the Flood Protection Authority and the Orleans Levee District in a trial that is scheduled to begin on November 12, 2024. If you do not opt out and if any money or other relief is awarded, or if you do not opt out and this claim settles, you will be notified about how to apply for a share of the money damages awarded and the right to any and all injunctive relief awarded. If you would like more information or want to read the important documents in the lawsuit, call class counsel, Bagneris, Pieksen & Associates, at the following number: (504) 493-7990.
To ask to be excluded, you must send an "OPT OUT" in the form of a letter sent by mail, stating that you want to opt out from this lawsuit. Be sure to include your name and address, and sign the letter. You must mail your OPT OUT postmarked by AUGUST 15, 2024 to: Bagneris, Pieksen & Associates, LLC, 935 Gravier Street, Suite 2110, New Orleans, Louisiana, 70112.
There Is a Deadline to Decide. You have to decide whether to stay in the Class or ask to be excluded, and you have to decide this by AUGUST 15, 2024.
1. Who Is Representing the Class?
The Court decided that the law firm of Rodney & Etter, and the law firm of Bagneris, Pieksen & Associates, LLC, both of which have a mailing address of 935 Gravier Street, Suite 2110, New Orleans, Louisiana, 70112, are qualified to represent you and all Class Members. They are called "Class Counsel." They are experienced in handling cases like this one.
2. Do I Need My Own Lawyer?
You do not have to hire your own lawyer to prove that the defendants are liable to you because Class Counsel is working on your behalf. If you want your own lawyer to represent you i:h the class action you may hire one, but you will have to pay that lawyer. For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you. The judge of course retains the right to decide the extent to which lawyers other than Class Counsel may participate in the trial. Assuming plaintiffs win the case, you may be required to produce documents that prove your interest in the parcels you claim. While Class Counsel will be doing so for its own clients, Class Counsel does not owe this service to you.
3. How Will the Lawyers Be Paid If They Are Successful?
If Class Counsel get money or benefits for the Class, they may ask the Court for an Order awarding fees and expenses. You won't have to pay these fees and expenses separately from the class recovery. If the Court grants Class Counsels' request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by defendants.
4. Will I Be Responsible to Pay Up Front Costs and Expenses Or If the Class Loses?
No. Being a member of the class does not obligate you to pay any costs or expenses up front, or if the claims are not successful after a trial.
(504) 493-7990
London Avenue Canal Class Action, 935 Gravier Street, Suite 2110, New Orleans, Louisiana, 70112
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