A lawsuit challenging the rezoning of property in the Southwest area of St. Tammany Parish has been filed by Richard S. Blossman Sr., Lynn S. Blossman, Heavy Moon LLC and Covington Country Club LLC.

The lawsuit contends that zoning of the property was changed in violation of procedure of valid zoning enactment; the rezoning to a CB-1 designation was arbitrary and capricious; the rezoning constitutes a taking or damaging without just compensation to the plaintiffs; and the rezoning was not applied to similar properties in a uniform or equal manner.

The property in question is commonly known as the Covington Country Club, including the golf course, clubhouse and a shop and repair area. The controversy stems from a rezoning of the area from SA suburban agricultural, which allowed operation of the golf course as conditional use, but also permitted the use of the properties in question for residential use at a density of no more than two per acre.

One of the parcels contains a residence and also a shop and repair area.

In January 2009, the plaintiffs requested the land be zoned as A-3 under the new comprehensive zoning plan, which allows, among other uses, golf courses. This was rejected by the Zoning Commission in February and they recommended instead that the properties be zoned PF-3. In July, a text change amended the PF-3 definition and changed it to the CB-1, community based facilities district classification.

The new zoning classification would not allow residential uses and added restrictions, including extensive setbacks and deleted permitted uses found in PF-3. The PF-3 classification did not allow residential use, either.

In the first count of the suit, the plaintiffs allege that at the time the council voted, there was no ordinance providing for the CB-1 designation, only the introduction of an ordinance at the Aug. 6 meeting.

The second count of the suit states the “CB-1 zone was created and adopted for the purpose of preserving in perpetuity the existing use of the properties as a golf course...the enactment of CB-1 is arbitrary and capricious in its creation of mandatory setbacks of 200 feet from any residentially zoned area. No other similar zoning... creates such setbacks.”

Count three alleges the zoning constitutes a taking or damaging by the parish “without just compensation and without compensating the plaintiffs to the full extent of their loss.”

Included in this count is the allegation that the legal rights of the plaintiff to the property have been affected, the rezoning has destroyed a major portion of the property’s value and has destroyed the plaintiffs’ distinct investment-backed expectations. The rezoning takes out of commerce the properties and renders the existing use of the property as residential living quarters a non-conforming use, as well as the shop and repair area.

The suit alleges, “the expressed purpose of the CB-1 amendment was to address the public outcry of area residents.”

In count four of the suit, “significant portions of Beau Chene’s golf course have been given an A-5 and A-6 zoning” classification, constituting “a non-uniform application of the zoning laws and land use laws of St. Tammany and a non-uniform decision without rational basis.”

The suit is asking for monetary damages as well as “all general equitable relief to which they may be entitled.”

Another possible resolution to the suit is to invalidate the CB-1 zoning classification of the property.

This is the only lawsuit that has emerged from the comprehensive rezoning plan of the parish and experts say such suits can take years to resolve.