Judge allows 17th Street Canal homeowners to seek relief in federal court ~Levees.org
~Press release~Homeowners on the 17th Street Canal who sued the South East Louisiana Flood Protection Authority East were pleased with the court’s ruling today. While Judge Kern Reese denied the plaintiff’s request for an injunction, he also voided his original judgment, thus opening the path for the property owners to amend their lawsuit to include the Army Corps of Engineers and to continue their case in federal court.
At the end of the hearing, Judge Reese had some positive words for the homeowners. He said he felt they had been wronged, and that the U.S. Army Corps of Engineers was using the levee board to avoid compensating for private property loss and damage.
Judge Reese said he was encouraged by people who are willing to stand up and not allow their rights to be violated.
“We all are in favor of hurricane protection,” said Randy Smith, the attorney representing the homeowners “We should all also be in favor of maintaining the constitutional guarantee of just compensation for the taking of private property.” Smith said he will amend the lawsuit to include the Corps of Engineers.
The case will then move to federal court.
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