St. Tammany News

Without legal authority, planning and zoning finds itself in 'Catch 22'

Susan Badeaux has faced the prospect of her east St. Tammany Parish home caving into a 1.5-acre wide expanse near the edge of her property for over two years. She said the pressure is almost unbearable. She's rallied city councilmen and attended planning and zoning hearings, all in an effort to build political pressure to force owner Norman Ducre III to fill the pond south of U.S. Highway 190 and west of Thompson Road like he pledged two years ago.

Nothing's worked, she said.

"We've had a two-year battle," she said. "We've endured a lot. We're hoping this is it, that we're not going to hurt no more."

On Thursday night, parish councilmen jumped into the fray, lambasting Ducre for not filling the pond as promised two years ago when planning and zoning commissioners approved his fill permit. Because other homes such as Badeaux's abut the end of the pond, many fear a landslide is waiting to happen, crushing the homes and lives of homeowners.

With the permit deadline come and gone to fill the pond, parish officials debated legal avenues Thursday, a move Parish President Kevin Davis called a "catch 22" because parish zoning officials don't have legal authority to enforce completion of work.

"We're in a catch 22," Davis said. "We need to get it done, but the guy isn't doing it."

State highway officials used the fill as a foundation to build U.S. 190. Two years ago planning and zoning commissioners awarded Ducre, the owner, a permit to refill the pond and possibly build a commercial development on the property.

But two years later, the pond is still 10 to 12 feet deep or deeper with only 85 percent of it filled in some places with concrete and at other places water. It's a dangerous place for children to play and even worse for homeowners to live near.

"If we don't do something these houses are going to fall in," Councilman Steve Stefancik said of the five to six other homes near Badeaux's home "It's also a hazard for children."

With about 10 homeowners in attendance, Stefancik motioned to give Ducre another six months to finish the fill, provided he gives detailed plans and update the council every two months. The motion passed unanimously with provisions that crews limit work from 7 a.m. to 5 p.m. Monday through Friday.

When asked if that was possible, Ducre said, "I'll try my best."

"My intention is to get it done," he said, adding he had a few "things" in the works to speed up the process.

Davis, who visited the site in 2005, said the lack of legal enforcement from Planning and Zoning Commission poses a problem.

If the work wasn't completed in two years, what makes one think Ducre can do it in six months, Davis said.

"You're in a very unusual position," Davis told the council. "We don't have much jurisdiction here. Our staff can't enforce these issues. You have a real dilemma."

Parish Attorney Neil Hall said legal action is the only other course, and that could take a year.

Davis called the figure conservative.

"He needs to fill the pond and get it fixed, or we'll take legal action," Davis said. "But the homeowners must understand it could take up to two years to go through the legal process."

Badeaux however just wants her house to remain safe.

"For the first time in two years we want to keep peace and quiet," she said.