Moretco and Parish back in CourtSep 14th, 2011 | By William Dilella | Category: top story
The debate over the 115,000 square-foot Realm Realty site, set to be developed into a discount department store complex by Texas-based company Moretco, is headed back to Court on September 20, after discussions with the Parish once again fell through.
Moretco first filed the paperwork for their permit—commonly known throughout the Parish to be for a Walmart Superstore—right before the Parish’s updates to the zoning code. Those changes would prevent any commercial structure larger than 25,000 square-feet to be built, unless given special dispensation by the newly created Planning and Urban Development Board.
From there, the case then became about whether the new regulations even applied to Moretco’s permit.
From the Parish and dissenters standpoint, the law should apply because the building permit had not been granted to the developer at that point and the Parish has the right to adjust the law.
From the developer’s viewpoint, the laws in place when they filed the application should apply, and any attempts to apply the zoning changes to the previously first filed application would be unjust.
At an impasse, that debate was then brought to Court earlier this year. However, the hearing convened on March 4 ended quickly when Moretco pulled the suit. Lawyers said a potential compromise with the Parish on the matter emerged.
But shortly thereafter, the suit was reopened.
James Garner, whose firm Sher, Garner, Cahill, Tichter, Klein & Hilbert, L.L.C. represents Moretco, said his client has been trying to work with the parish, but the two parties cannot reach a consensus. That is what lead the company to re-file the suit in April.
The documents submitted by Moretco’s attorneys in this latest version of the suit request that the court file a judgment recognizing the building permits.
The suit goes back to trial on September 20 in the 25th Judicial District Court. The hearing will start at 10:00 a.m. at the temporary Courthouse on F. Edward Hebert.