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Justice of the Trees: Group to File Suit Against City Park Golf Course
noladefender.com
3/25/2015

After letters to the editor, public meetings, and protestors in trees, the controversy over the new gold course in City Park is heading to the courts. Anti-course activists, the City Park for Everyone Coalition (CPEC) issued a release announcing their intention to seek an injunction halting construction on Thursday (3.26) morning.

Represented by Galen Hair of Varadi, Hair & Checki, the CPEC says that they will file suit against Federal Emergency Management Agency (FEMA) and the City Park Improvement Association (CPMIA) in the Eastern District of Louisiana, at 8:30a.m.

In a statement, the group posited, “The Coalition regrets filing this lawsuit, but we can no longer watch this construction go forward. We believe that the planned golf course is likely to be an economic failure, is not wanted by a majority of the people of New Orleans, and has not been properly vetted with full public comment. The space that is being developed has been public wild space for almost 10 years. In that time, it has become a de-facto multi-use nature preserve.”

Hair contends that FEMA is in violation of the National Environmental Policy Act. The plaintiff charges that the agency’s Finding of No Significant Impact is false. The suit cites changes to the Couturie Forest which they classify as a wooded wetland, a public comment period of 15 days instead of 30 days, a misrepresentation of the land use, and environmental justice issues.

CPIA is accused of violating three different laws. Hair says that the City Park Board of Directors broke Louisiana Public Records Laws by not providing information to his clients in a timely fashion or at all. The specific provision of meeting minutes is referenced as a breach of the Open Meetings Law. Finally, the plaintiffs allege that the plan is not environmentally sound placing it in violation of the Louisiana Public Trust Doctrine.

According to City Park’s website, the reconstruction of the golf course has been a discussion in the City’s Master Plan since 2006, when the park faced massive destruction post Katrina. The last time the Master Plan was amended was February 18, 2014. The CZO has since been amended to fit the Master Plan, and the two are about to be finalized within the next month.

A statement from City Park explained, "To fully utilize the FEMA funds, they must be spent on the golf course.” Since prior to the Storm, a golf course occupied this space, the park may be obliged to replace it per insurance guidelines. Regardless, it's now creating a stir in the community.

Opposition to the course coalesced when work began a little over a month ago. The CPEC was formed and the group began voicing dissent at public meetings. The group drew widespread attention to the issue when protesters spent several days living in the trees. Jonathan "Lloyd" Boover spent 11 days in one tree by Harrison Circle but his protest ended when he fell to the ground and injured himself on Tuesday (3.24.)

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