Lawsuit sent back to 16th JDC

Published 6:00 am Monday, July 9, 2018

A lawsuit Iberia Parish residents filed against Iberia Parish Government has been remanded back to district court after a ruling made in federal court. 

The lawsuit was filed on Aug. 31, 2017, when some Iberia Parish residents living in mobile home parks contested an ordinance made by the Iberia Parish Council that designated large mobile home parks as commercial residents, and therefore responsible for contracting waste services. 

The lawsuit alleged that the law effectively terminated parish garbage collection for mobile home parks, despite the fact that those residents pay a dedicated for garbage pickup. 

The case went to court Sept. 27 in the 16th Judicial District, where Judge Curtis Sigur presided over the hearing and placed an injunction, or temporary hold, to prevent the law taking place until court procedures were completed. 

The case then moved to federal court in the Western District of Louisiana, where defendants and plaintiffs have awaited a ruling on where the case would be tried. 

The issue dealt with whether the local residents believed their U.S. constitutional rights or state constitutional rights had been violated. 

Judge Carol Whitehurst ruled June 29 the defendants had clarified their position as only concerning state law, and remanded the suit back to state court again.