Last week, a New Orleans district judge ruled that 7 property owners' petition to enjoin the Army Corps of Engineers from proceeding with remediation work for the 17th Street Canal (
reported on Levees.Org). The families claimed that the work crew would trespass on their property. The suit stems from a dispute over whether backyards along the canal are part of the state's right of way or private land.
In denying the petition, Judge Reese reasoned that stopping the Corps' work would not accomplish any good for either party. However, Judge Reese believed the homeowners had been wronged and apparently told the plaintiffs that he would void his past judgment and allow the the 17th Street Canal Coaltion to re-write their petition to allow them to seek relief from the Corps in federal court.
The homeowners along the New Orleans side of the 17th Street Canal had filed a civil suit, attempting to stop the Arm Corps of Engineers from beginning contruction on a project that will strengthen floodwalls allong the canal. They claimed that they have not been compensated for damage to their properties. As many of our members know from personal experience, the canal broke during Hurricaine Katrian and contributed to the flooding in New Orleans on August 29, 2005.
An
article in The Insurance Journal points out that this current suit brings up similar issues raised in a 2008 action where homeowners sought compensation for the loss of trees, fences and outbuildings close to the 17th Street Canal levee. Crews removed that property to make the canal's levee and floodways safer. Judge Reese ruled in their homeowners' favor, but a state 4th Circuit Court of Appeal overturned the ruling.
The difference between the 2008 suit and the current one is that, in the current case, the homeowners are seeking to stop a new round of work.
The homeowners are likely going to file their claim in federal court and, thus, potentially delay further work on the levee. The issue presents a difficult balance between protecting the residents of New Orleans and constitutional rights of a handful of homeowners.