Court Strikes Down Rouzan Rezoning
In a major decision, Louisiana’s First Circuit Court of Appeal ruled that the rezoning of the proposed Rouzan traditional neighborhood development was illegal.
The controversial TND, which has been opposed by some area residents, would be on the south side of Perkins Road east of Glasgow Avenue.
The court sided with two property owners whose land is within the development proposed by Rouzan owner Joseph Spinoza. The court said the TND did not meet the requirements of law, in that Spinosa did not have complete ownership and control of the entire 124 acres.
At the time of her death in 2003, Mary Bordelon Ford owned all 124 areas. She left five acres to Bob Welch and Daniel Hoover. The remaining 119 acres, which was sold to Spinosa’s company, 2590 Associates, surround the property of Welch and Hoover.
In her will, Ms. Ford provided that the 119-acre tract would be burdened with a servitude allowing Welch and Hoover access to their property. By law, this includes passage and utilities.
The City-Parish ordinance on TND’s provides that the developer must have complete control of the TND property. The Court of Appeal ruled that the existence of the servitude makes it clear that Spinosa does not have complete control of the property.
As a result, the rezoning of the property in 2008 was invalid, the court said. The decision by Judges Kuhn, Pettigrew, and McDonald also overturned a number of rulings by District Judge Wilson Fields.
Alex St. Amant, the attorney for Welch and Hoover, hailed the ruling as a victory against “crony capitalism.” The court decision leaves the future of the Rouzan property in doubt.
To read the court decision, click here: http://www.la-fcca.org/opiniongrid/opinionpdf/2012%20CA%201440%20Decision%20Appeal.pdf