Residents and environmental group argue plaintiffs have no protected property rights
MANDEVILLE — The legal battle over the controversial Sucette Harbor development continues to escalate, as a group of local residents and environmental advocates who recently sought to intervene in the case have now filed a motion to dismiss several claims made by the developers.
The motion, filed by Intervenors Lawrence Grundmann, Kathleen Grundmann, Emory Clark, Thomas Snedeker, Robert Ellis, Emily Ellis, Walter Bahn, Mary Bahn, Ellen O’Connell, James K. O’Connell, Tom Whalen, Teri Whalen, Ralph Whalen, Christopher G. Brantley, Ph.D., and the Orleans Audubon Society, argues that Woodward Harbor LLC and LSU Health Foundation New Orleans have failed to establish a valid legal claim under both state and federal law. The Intervenors contend that because the Mandeville City Council has full discretion over zoning changes, the plaintiffs cannot claim they had a protected property interest in the approval of their development proposal.
Challenging Key Claims in the Case
The Intervenors’ filing specifically seeks to dismiss Counts 3, 4, 5, 6, and 8 of the plaintiffs’ lawsuit, which include takings claims under the Louisiana Constitution, federal due process claims, and claims under 42 U.S.C. § 1983. The motion asserts that:
- The developers do not have a constitutionally protected property right in obtaining zoning changes or conditional use permits.
- Louisiana law does not recognize a “right to develop” property unless a permit has already been granted, which is not the case here.
- Regulatory takings claims require total deprivation of economic value, but the plaintiffs have not demonstrated that the property has been rendered completely useless.
- Claims under 42 U.S.C. § 1983 are baseless, as the rejection of a zoning request by an elected city council does not violate due process rights.
Citing a recent federal court ruling in Plaquemines Parish Ventures, LLC v. Plaquemines Parish Council, the Intervenors argue that zoning decisions by elected bodies are considered legislative actions, meaning procedural due process claims do not apply.
Next Steps in the Legal Battle
The motion to dismiss comes after the failure of court-ordered settlement talks between the developers, the City of Mandeville, and Councilman Jason Zuckerman. With no agreement reached, and the Intervenors now actively challenging key claims, the case is poised to proceed through federal litigation.
Legal analysts suggest that if the court grants the motion to dismiss, the plaintiffs’ case could be significantly weakened, possibly forcing them to refocus their arguments on remaining claims, such as equal protection.
Meanwhile, environmental advocates see this as a crucial step in preventing what they argue is an ecologically harmful and legally dubious development in the Sucette Harbor area. A ruling on the motion is expected in the coming weeks.
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Mandeville Daily 