St. Martin Parish to appeal denial of injuction

Published 6:00 am Wednesday, May 8, 2019

ST. MARTINVILLE — The Battle of Lake Martin is not over yet.

The St. Martin Parish Council voted unanimously Tuesday night to appeal 16th Judicial District Judge Keith Comeaux’ denial of an injunction against Bryan Champagne, who operates The Wharf of Lake Martin and Champagne’s Cajun Swamp Tours. That appeal will go to the 3rd Circuit Court of Appeal in Lake Charles.

Comeaux ruled April 8 on a petition for injunctive relief the parish filed in 2016 saying that Champagne’s businesses, and the structures he built to operate them, violated parish zoning restrictions.

“It’s obviously an administrative error, but enforcement of an error should not take precedence over enforcing legislation,” Parish President Chester Cedars said after the council’s vote. “If he (Champagne) claims to have a loss, he can file suit. There is a remedy for him. But allowing the error to stand is not it.”

The parish, however, had approved not only building permits for Champagne but also business licenses from 2011 through 2015 allowing his operation to expand in scope, from tour boat operation to grocery store and even a bakery. It was not until 2016 that Champagne received a cease and desist letter from the parish.

During the hearing on April 8, it was learned that the updated zoning map showing the restrictive nature of the zoning had not been filed with the St. Martin Clerk of Court’s office until April 4, less than a week before the hearing.

The council went into executive session for 15 minutes to discuss the litigation. Upon returning to regular session, Durand told members of the audience that “if any of these folks want to come and speak against appealing, then come on up. If you’re speaking for it, then my guess is you probably don’t have to waste your time.”

Members of the group Friends of Lake Martin applauded at the council’s decision. Greg Logan, lawyer for Champagne, was stoic.

“I’m confident (Comeaux’s) decision will be affirmed,” Logan said.

The council also voted to accept a bid from Pelican Waste and Debris for a five-year, non-exclusive contract to provide solid waste disposal services to the parish. According to Cedars, the contract calls for weekly trash collection, weekly recycling collection, and twice monthly bulk waste and yard waste collection. The cost for the service will be $21.20 per month.

The council also approved a move to issue up to $10.25 million in revenue bonds against the parish’s share of federal Gulf of Mexico Energy Security Act (GOMESA) funds. The money would be used in part to replace the pontoon bridge at Butte LaRose with a permanent span. Barring any issues, funds from the bond issue could be ready by mid July.

Cedars also gave the council details on the bids for the new Cecilia Civic Center. The low bid came in at $930,000, above the $850,000 budgeted.

“After speaking with (Finance Director Sean) Hundley, we found we can do that,” Cedars said. “We were looking for 850, but we can do 930.”

He said the construction should start in 30 to 45 days and be completed within six months.