Judge allows 17th Street Canal homeowners to seek relief in federal court

Young girl holds flower at Ceremony at 17th Street Canal on May 29, 2006

Since I was downtown anyway this morning, I sat in on the hearing on a motion by Lakeview property owners in Civil Court presided over by Judge Kern Reese.

After hearing Tommy Anzelmo (for the SLFPA-East and the Orleans Levee District) and Randy Smith (for the 17th Street Canal Coalition), the judge issued this ruling.

Judge Reese denied the petition enjoining the Army Corps of Engineers from proceeding with remediation work for the 17th Street Canal. He didn’t feel that stopping the Corps’ work would accomplish anything good for either party.

However, the Judge told the plaintiffs that he believed the homeowners had been wronged. He said he would void his past judgement and allow the Coalition to re-write their petition and seek relief from the Corps of Engineers in federal court.

The most interesting part was the Judge’s last statement. Judge Reese turned his attention and gaze toward the ten homeowners in the courtroom and praised them for their strength to keep fighting and to not allow their rights to be violated.

Click here for video of story on WDSU.

2 responses to “Judge allows 17th Street Canal homeowners to seek relief in federal court”

  1. BellaireNOLA says:

    Thank you Sandy….this process has been exhausting for homeowners. The Corps and Levee Boards have done enough to damage the lives of New Orleanians, it is time they start doing things the RIGHT WAY! Keep up the good work you do and thank you for supporting our efforts!

  2. Editilla says:

    Thank you, levees.org, for continuing to cover this epic battle between the forces of Good Property Owner Rights and the Evil anti-private-property design failures of the Corps of Engineers.
    I know that sounds grandeloqutent but consider this: ultimately the Corps has gotten away -scott free- with flooding 80% of New Orleans –with this very neighborhood’s football-field-wide breach FAILURE as one of the main culprits.
    And now they would try to rub salt into these (nay, ALL) tax-payers’ wallets by stealing their land without just compensation –in order to further their questionable and ignoble plans of “mitigation” instead of Replacement or Removal of those still bad floodwalls they built.
    My only concern now is the Corps’ wallets, which are Deep for Litigation, and how that impacts the course of these Fine Citizens’ Redress. In short, can they afford to go the distance with the Corps of Engineers. I believe the Corps, as per their usual modis operendi, will be banking on NO, these citizens cannot afford it.
    But perchance we can beg to differ.
    Let us know if we can help $upport this lawsuit and count me in.
    Geaux 17th Street Canal Homeowners!

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