About all this brouhaha surrounding Jerl Kershenstine’s arrest warrant: They call me quashed

Folks do you get the feeling the Aaron Broussard cronies at Coastal Shoring are feeling a bit paranoid these days? Before we get to the latest jackassery from Danny Abel let’s review:

Did I say there was a warrant issued for Jerl Kershenstine’s arrest? Actually I did and it is true as it is alleged Kershenstine’s company, Coastal Shoring, helped itself to money that it was not entitled from a grant recipient. Now we’ve covered Coastal Shoring some here on Slabbed and it was in fact this post which contained a good bit on Coastal Shoring that finally pushed the Goatherders to SLAPP sue me in Nova Scotia. And that doesn’t count Lockem’s guest post on the topic.

As the above links indicate, Coastal Shoring has a few management problems to go along with the psychological ones and those would certainly appear to extend to the “legal department” housed at the Super 8 Motel on Clearview Parkway. (Or are they claiming Carl Finleys/Scott McQuaig’s office these days). Long story short is with Broussard out of commission these days, his shadow law partner Danny Abel had to take up Broussard’s slack including at Coastal Shoring, where Kershenstine took a $30,000 HGMP down payment and did not follow it up with requested paperwork. The homeowner was kicked from her position in the program and put at the end of the funding list which in turn caused her to ask for her money back.  Kershenstine refused.

Normally the Goatherders like to go on the attack even if it is ill-advised but in this case the homeowner beat them to the punch pressing criminal charges against Kershenstine for fraud.  As is his wont Abel attacked the victim by issuing a subpoena to her despite the prohibition against pre trial subpoenas of crime victims, employing a legal strategy that is most charitably described as unconventional but most lawyers recognize as shithouse lawyering. This while Abel was unsuccessfully trying to quash a State subpoena on Coastal’s bank accounts where the victim’s HMGP money allegedly resides these days. Something tells me Kershenstine is in big trouble these days…..but he is not the only one.

Shane D'Antoni aka Shane Gates after his DWI Arrest

Not long before I did this post Abel fired back up a federal suit related to Shane Gate’s last run in with the law in Slidell via the case Gates v Strain. I mention this case because Abel practiced a bit of shithouse law again.  I’ll let Judge Duval explain:

Plaintiff Shane M. Gates filed a Motion to Re-Open 42 U.S.C. § 1983 Action on March 13, 2011. This case has been stayed since April of 2008 pending the outcome of a criminal matter in which Mr. Gates is the defendant in the 22nd Judicial District Court for the Parish of St. Tammany. (Doc. 81). Without having obtained leave of court or an order lifting the stay, plaintiff issued certain subpoenas to the these non-parties in anticipation of the hearing on the motion to lift stay. As such, the Attorney General moved to Quash the Subpoenas. This Court denied the Motion to Lift Stay. (Doc. 121). And the Motion to Quash was subsequently denied (Doc. 122).

On July 20, 2011, a Motion for Award of Attorney Fees was filed under Fed. R. Civ. P. 45(c)(1) which provides for the award of attorneys’ fees when the party or attorney responsible for issuing and serving a subpoena fails to take reasonable steps to avoid imposing undue burden or expense on the person subject to the subpoena. Based on the facts outlined above, the award is well based and must be sustained. In other words, this non-dispositive decision is not clearly erroneous or contrary to law and thus is not subject to reversal. Fed. R. Civ. P. 72(a). The arguments raised by plaintiff in the appeal are in no way connected to the issues relevant to this appeal and are without any merit.

At this point I’ll ask if anyone else remembers the first thing Aaron Broussard tried to do when his indictment was unsealed? Like I said, Jerl Kershenstine is in big trouble folks, then again so is Head Goatherder in Charge Aaron Broussard. File this one under things are unraveling quickly.

sop

23 thoughts on “About all this brouhaha surrounding Jerl Kershenstine’s arrest warrant: They call me quashed”

  1. Posted at NOLA.com October 15, 2011 at 8:42AM

    As for coastal being under attack….. what do you expect to happen when you have no regard at all for the safety of your workers or the quality of your work. When you lie and pay current and former public officials to work on your behalf then cheat and steal from homeowners by performing substandard work? As for Kurt Wiltshire being fired by coastal for not being productive. If Kurt never did anything for coastal then why does Kurt have many contracts with coastal to be paid for by the sales generated by the elevation contracts signed as a result of the lists Kurt brought to Coastal? Were you paid in cash Kurt? If not, then, there are surely cancelled checks proving your participation. Tom Rodrique, surely you remember giving Severe Repetitive Loss lists to Jerl who later gave the same lists to former employees of coastal. How can you betray the public trust in this manner? Adam Kershenstine as a qualifying party to any residential or commercial license is laughable. Adam is not playing with a full deck of cards. Adam is a few fries short of a happy meal. Adam is a couple of slices short of a full loaf. You get the idea? Apparently licensing can be purchased as well. The ethical standards and rules of the Louisiana State Licensing Board for Contractors have been compromised by coastal’s “consultants”. These are the same people that are supposed to protect the public from unqualified contractors. A MAN DIED. Resign Mr Lambert. You have been sanctioned before by the Inspector General for waiving testing requirements. Now a little girl has no father. Jessica, you were the ‘eye candy’ at these meetings with Mr. Lambert. Your culpability is noted. Jessica, what ever happened to the recordings you made while talking to Courage on the telephone? Are you even a CPA as you touted many times? The authorities should take a look into Sammy Jones

    1. The sound is getting closer
      The footsteps in the hall
      I can hear them talking
      I listen through the wall
      It sounds to me like someone is heading for a fall
      Maybe I should follow the footsteps in the hall

      Do what you want to
      You’re too late
      I’m watching you
      Do what you want to
      It’s far too late
      I’m on to you

      Now I hear the door close
      I step out in the hall
      I listen through the doorway
      I listen through the wall
      Maybe I could stop this or maybe I should call
      It sounds to me like someone is heading for a fall.

  2. All though these problems are in other parish’s it is particularly bad in Jefferson Parish.

    JP should have it’s own reality show called “Contractor’s gone wild with blighted parish officials”

    The parish is charging property owners $1200 for a one time grass cut job on a lot 50X120 , almost $11K to another civic minded property owner who cut down a damaged tree that the property owner had planted , wrongful demolitions after Katrina , code enforcement sweeps tagging properties for other minor repairs with outrageous court cost even after the property owner fixed the issue , corrupt BZA board, and much more…. as the parish applies the fines to Ad Valorem taxes so now the parish is in the business of taking homes from the elderly, disabled and poor through tax auction for minor offences.

    What really is a shame is the very same parish attorney’s office personnel that sat quiet and failed to report payroll fraud , favoritism , false employment records , contractor fraud, etc… uses an “Iron Fist” on it’s own citizens where seldom does the punishment fit the crime while indicted parish officials are provided lenience and allowed to keep their retirement funds.

    Contact CFGG to sign petition or go online to New Orleans chapter FACEOFF for more information on who to contact.

    1. Since you brought up CFGG:

      Supporters of Good Government:

      Citizens for Good Government continues to be passionate in our fight against the injustice that our Jefferson Parish government has perpetrated on Mr. and Mrs. Khanh Vuong. Our government has unnecessarily fined them $10,850 for unknowingly violating our Code of Ordinances by cutting down their own tree located in the parish right-of-way between the sidewalk and the street in front of their home. This tree, which was purchased and planted by the Vuongs, presented numerous safety hazards. They had compelling reasons for removing the tree, and they didn

      1. The Vuongs are just the tipe of the ice burg. I have been in contact with CFGG for quite some time giving them information on code enforcement cases particularly relating to the elderly disabled. They also issued a letter of support to RR of the TP to have my personal case reported.

        The parish is using the money generated from overly aggressive code enforcement to fill monetary gaps particularly since they can not get forgiveness on the FEMA loans of which money the council spent lavishly.

        Additionally it has been proven beyond a reasonable doubt that the parish is not fully ADA Title II and/or Fair Housing compliant causing greater harm to the elderly and disabled.

        The best kept open secrete is what the HUD settlement will be (when not if ) Mr. Perry of the New Orleans Fair Housing Action Center wins in his lawsuit that is copied from a settlement of a New York municipality that had to pay HUD back $60 million.

        I Guess it’s too much work TP to put a face on who the corruption has effected the most or maybe they are afraid it would cause them some other interview and/or simply not scandalous enough, what a shame!

  3. TOM: You don’t by chance know the name of the contractor/s that is/are getting paid $1,200 for cutting a 50x120ft lot and charged back through property liens do you.

    It would be interesting to know how long the contractor/s has/have held that contract/s and what was paid in campaign contributions to each Councilperson and Administration in order to “Pay to Play” in JP.

    I believe it was the Ramelli group which was recently found to have miscalculated the square footage of their grass cutting contract. But you hear, it wasn’t intentional.

    The Ramelli empire ( garbage,waste, office cleaning, grass cutting,etc.) – What don’t they do for the Parish and what would JP do without the Ramelli services. Yep, that’s right Councilman Roberts they would move to St.Tammany but not because of high grass but because of “High Corruption”($11,000 fines and $1,200 for lot trims).

  4. There no barbequed ass better then Kershenstine’s Slow Bar-B-Qued Ass.

    Mop on that special Kershenstine’s secret vinegar sauce, smoke it over red hot court grills for 12 hours and the more chard the better it is.

    Mmmmmmmmm- that’s good ass eatin’. Zat rated #1 in JP.

  5. No name but was in Metairie have you seen the list that is 167 pages long on grass cutting charges added to peoples property taxes ? Have you looked at the state law that may be violated that calls for certified mail to property owners and a 15 day waiting period before they cut with only allowances of RESONABLE CHARGES? the parish ordinance states 5 day by regular mail ( most never receive on time ) with a 100% sur-charge over $100 job and 15% collection fee when it goes to property taxes ? Where is the incentive for the parish oversight of contractors or proper notifications TP news has reported a couple stories on just that ?

    Linda’s actually was done twice to this 68 year old disabled women the second time the parish contractor pulled up while she and her daughter was cutting the property and charged them anyway . I have verified the charges on the assessors and sheriffs website and had a closing attorney look also.

    The story on this lady is her house was wrongfully demolished post Katrina without a proper parish permit and/or on the list and/or without the property being posted while she was renovating it by Ceres Environmental in violation of the Stafford Act and Peppers and Associates Parish Demolition plan which indemnifies FEMA for parish wrongful actions . Mr. Piglia lied and lead her to believe that FEMA was the responsible party.

    Ceres Environmental is noted as one of 3 top contractors in a Congressional Sub-committee report of fraud and abuse of FEMA Katrina funds who was the lead contractor others worked under such as Bill Hubbard’s company.

    Chris Roberts stated in the press he was happy to use FEMA funds to demolish properties that were eye sores prior to Katrina in violation of the Stafford Act his district least hit had 60% of the demolitions now he can not get FEMA forgiveness on the loans.
    Furthermore Chris Roberts was the lead councilmen that used discriminatory zoning changes to a Westbank property that was being purchased by Volunteers of America who is contract by the state for Elderly protective services that was to build a complex for the elderly disabled along with several other tax credit building projects which is the mainstay of Mr. Perry’s lawsuit

    Jennifer Sneed post Katrina 2006 stated in the TP press warning other parish councilmember’s to be workable in the timetable in forcing elderly property owners who were having trouble rebuilding while the council approved the Peppers and Associates Rebuilding plan that was not ADA Title II compliant and used the same Right of Entry Form for debris removal and Demolition. The parish demolition plan by design was made so if it was taking the property owner to much time no matter if the property owner was elderly and/or disabled they could demolish the property anyway with no way the elderly or disabled would be informed of their rights to Reasonable Accommodation and/or could file or have the parish respond to a ADA complaint.

    This is just the tip as I said I have more.

    Please read below

    4-11 MULTI-JURISDICTIONAL COMPLAINTS
    In addition to the Act, HUD enforces Title VI of the Civil Rights Act of 1964, Section
    109 of the Housing and Community Development Act of 1974, Section 504 of the
    Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, the
    Age Discrimination Act of 1975 and Executive Order 11063. See also Chapter 6, MultiJurisdictional Complaints, for additional guidance.When an aggrieved person alleges discrimination cognizable under more than one of these statutes the complaint should be concurrently processed under all applicable
    statutes. For example, a housing discrimination complaint filed against a recipient of
    Federal financial assistance that alleges discrimination on the bases of national origin,
    age, and disability should be processed as follows: national origin under the Act and Title
    VI; disability under the Act, Section 504, and the Americans with Disabilities Act; and
    age under the Age Discrimination Act of 1975.

    Linda Martinolich Complaint

    Linda Martinolich is 68 years old and is disabled has been hospitalized on several occasions following Hurricane Katrina by numerous strokes.

    Linda’s strokes have had an effect on her cognitive thinking also resulting in short term memory lose, she needs special assistance and additional time for recall particularly in filing this complaint with HUD.

    Post Katrina Linda had difficulty in starting to repair her home which had minor flood damage being in and out of the hospital , navigating the complex requirements of Road Home program , getting her insurance settlement and dealing with Jefferson Parish Code Enforcement while disabled.

    Linda’s complaint of Jefferson Parish are violations to Fair Housing being denied full use and enjoyment of a dwelling , Section 504 of the Rehabilitation Act and ADA Title II which are ongoing and continuous to date her complaint with HUD is Muti-Jurisdictional.

    Linda has been denied several Reasonable Accommodations requests both to help mitigate the lose of her home caused by Jefferson Parish negligence as well has been denied the opportunity to obtain and/or participate in the Jefferson Parish Federal Block and/or Grant Funded programs for rebuilding while the parish is attempting to acquire her property.

    Jefferson Parish is willfully non compliant in Fair Housing and/or ADA Title II the parish does not accept or attempt to reconcile complaints and is presently engaged in both discriminatory zoning and code enforcement.

    Since Katrina Jefferson Parish Code enforcement, parish attorney, past parish president and specific contractors of the parish particularly those engaged in demolition services , land fill and grass cutting services have openly engaged in wide spread fraud and abuse of both Federal and parish funds and/or have over billed private property owners without proper over-site by the parish that has created a disparate Impact on protected classes and is an ongoing wide spread corruption prosecution by the DOJ.

    Jefferson Parish has adopted several ordinances that violates both state and Federal law that allows the parish to collect code enforcement fines, adjudication hearing costs, penalties up to 100% surcharges for overbilled services and 15% collection fees as yearly ad valorem taxes with the open threat of tax auction if unpaid without proper notice.

    As per the Stafford Act Jefferson Parish hired Peppers and Associates Engineering firm to provide FEMA with a debris removal and property demolition plan for obtaining funding which specifically states Jefferson Parish indemnifies FEMA from wrongful action and is responsible for oversight of the contractors.

    However Peppers And Associates plan does not mention ADA Title II and/or self evaluation requirements that Jefferson Parish was to under take to be compliant to the Stafford Act . Rather than have a separate Right of Entry form required by FEMA under the Stafford Act the parish deliberately used only one form that stated it was for debris removal and/or property demolition providing the parish the right to demolition without due process openly using FEMA funds for inappropriate demolition parish wide.

    Upon information and belief on or around April 2006 Linda filed with Jefferson Parish Code enforcement for storm debris removal of old sheet rock , flooring, appliances etc.. from in front of her home to renovate the damage as per parish requirements.

    In October 2006 Jefferson Parish demolished Linda’s home while it was being repaired, declared structurally sound, without proper notification and most importantly done WITHOUT A REQUIERED JEFFERSON PARISH DEMOLITION PERMIT while still under supervision of the parish, all in violation of the Stafford Act.

    Linda has met and corresponded with the director of Jefferson Parish Code Enforcement Mr. Piglia numerous times who has willfully and knowingly mislead Linda to believe that it was FEMA not Jefferson Parish who was responsible for the wrongful demolition of her home and has openly refused to investigate.

    Additionally the parish has misused it’s police powers through code enforcement as retaliation against Linda by sending grass cutting crews to her lot without properly waiting 5 days after notification as per parish ordinance the first time and the second time while she and her daughter where physically cutting the lot themselves.

    The Parish over billed Linda $1200.oo each time for a total of $2400.oo on a lot 50X120 with a slab in the middle.

    The parish refuses to allow Linda to pay her normal property tax and has stated she must pay the grass fee’s first . Further more the parish property value assessment in knowingly inflated to almost double what it should be @$120K when it’s only worth $65K.

    After Linda’s property was wrongfully demolished by the parish she attempted to rebuild obtained the proper permits removed the old slab for $6K re-pored a new slab with plumbing .

    While running low on money Linda applied for and was denied more Road Home benefits she was actually due since the project was now new construction based on faulty arrest reports from the 1970’s which was supposed to be asponged from her record by Jefferson Parish following being dropped by the DA and a lawsuit which Linda won.

    Jefferson Parish is erroneously labeling the property as abandoned by Mr. Piglia and he is threatening Linda to have the slab removed or he will have the parish demolish the slab at a charge of $30K for a $6k job. As of yet the parish has taken no action to do that or auction the property.

    1. I worked for the state after Katrina overseeing demolitions. The Stafford Act does in fact allow for private property debris removal, including demolitions. You should not beleive everything told to you by the spoiled citizens of Jefferson Parish. Ceres Environmental was not hired by Jefferson Parish. The Corps of Engineers was performing demolitions at that time. Pepper was a comapny hired to do forced condemnations to remove blight from the Parish. They also maanged the voluntary demo program. These demos went through layers of review by various agencies and had to be approved by FEMA before they could be done. Libda was made aware that her house was going to be demolished and given many chances to remove items that she wanted. She would have voluntarily given permission to have the house demolished at no cost to herself. The Code Enforcement director – was it Mr. Savoye or Ms. Villio – would have sent her a letter telling her her house was irreparable and going to be demolished. With that being said.Linda was probably given a deadline to repair her house or have Code Enforcement demolish it and put a lien on her property. This demo was free of cost. In fact, the forced condemnations in Jefferson Parish were held up in court for years -longer than any other Parish in the state. She probably could have gotten at least 2 more years to fix her house. Code and elected officials, aka Chris Roberts, were anxious to get rid of the blight in the Parish and rushed these things. The City of New Orleans is still demolishing houses damaged in Katrina on FEMA’s nickel.

      As a resident of Jefferson Parish, I am glad that overgrown property is being cut. It will reduce the rat population and other critters. It takes several months and many warnings before the Parish actually cuts your grass and sends you the bill.

  6. Word is that team Broussard and Abel are using Coastal Shoring’s old office at 100 Arnoult Rd as a command center. Sure would be interesting to see who comes and goes from that office. Is it true that Broussard and Abel have a financial stake in Coastal Shoring? Fall, wither and die Jefferson politicos.

  7. TOM: Thanks for the info on the lies and improper notice to property owners perhaps a person connected with State authorities will pick up on your information and Linda’s story which has federal jurisdiction.

    Getting back to the 167 pages of grass cutting charges Are you saying in every case a charge of $1,200 or greater was placed on the property tax rolls.

    Seems to me also somewhere there has to be a reference as to the identity of the grass cutter relative to each charge.

    If not, then a PRR should be filed requesting all identities. The politicos who manage “Pay to Play” in JP despise when identities are exposed relative to those identities’ campaign contributions.

    1. The charges vary however there is constant over billing plus the parish adds the 100% surcharge and 15% collection fees to be collected as an ad valorum tax done without proper notices (due process) because they wanted to really create new tax through over aggressive code enforcement and/or make it easier to obtain a citizens property after voters shot down legislation on that ? Of course if you have friends in high places this would not happen to you . Read the new articles , this is being under reported then read the 2011 ordinance listing all the properties and charges .

      http://www.nola.com/news/index.ssf/2009/07/jefferson_parish_collects_21_m.html

      http://www.allbusiness.com/construction/specialty-trade-contractors/12375586-1.html

      http://www.nola.com/politics/index.ssf/2011/08/jefferson_parish_institutes_mo.html

      http://www.google.com/search?source=ig&hl=en&rlz=1G1GGLQ_ENUS378&q=SUMMARY+NO.+++23273++ORDINANCE+NO.+24044&btnG=Google+Search

      LA. provides for certified notices a 15 day waiting period and only for reasonable charges for a good reason particularly is the land owner is sick, disabled or elderly not Jefferson Parish they exceed state law.
      RS 33:1236
      (21)(a)(i) To pass ordinances to compel property owners to cut grass and obnoxious weeds on their property, including property with structures located thereon. If the owners of lots located within subdivisions outside municipalities in the parish fail to cut and remove such grass and weeds when requested to do so, within fifteen days after receipt of a registered or certified letter by the police jury of said parish, the police jury shall have authority to have such grass and weeds cut and removed and to charge the property owners therefor in accordance with regulations adopted by the police jury. Upon failure of any such property owner to pay the charges, the police jury may file a certified copy of said charges with the recorder of mortgages, and the same, when so filed and recorded, shall operate as a lien and privilege in favor of the parish against the property on which said weeds and grass were cut and removed. The lien and privilege granted under this Paragraph, when recorded within sixty days from the date of completion of the cutting or removal, shall have the same ranking as an ad valorem tax lien on immovable property as provided in R.S. 9:4821(1). Parishes may, at their option, pass ordinances to add grass cutting charges as heretofore enumerated to the annual ad valorem tax bill of the property involved if the charges remain unpaid; the ad valorem tax lien imposed thereby and such rights attendant thereto shall coexist with those granted under this Item.
      R.S. :4801 & 4802

      1. The brown toxic was a brownfield. The site was conataminated with asbestos from the old Johns Manville plant. It was cleanup with a grant from the Regional Planning Commission, not Jefferson Parish. The Reverend apparently has a lot of pull and money. I heard that he tried to get brownfields money from the Parish but was turned down. I don’t like most of these politicians in the Parish, but please verify your info before posting.

  8. Sorry if you can’t access the ordinance on Google with the list of properties and charges try this it will come up then !

    SUMMARY NO. 23273 ORDINANCE NO. 24044

  9. Tom: Thank you for the Ordinance change and list which evidences charges none of which resemble charges one would expect for either cutting a property with improvements or large vacant lot.

    What we have here is clearly a money grab as I don’t buy Chrissy”The Special Man” & “King of Pay to Play” Roberts’ BS about high weeds being a quality of life issue.

    What would happen if all the citizens on the 167 pages showed up at a Council meeting to object to the State violations of notice, outrageous fees and fines on top of it all. The list could be divided up into east and west banks and then they could be called or mailed a letter organizing them to appear at an appropriate Council meeting site.

    I do believe those Council meetings would last till nighttime as everyone is guaranteed 5 uninterrupted minutes to speak their mind. And LargASSe could not speed through his mumbling, stumbling, fumbling Parliamentary procedure as he does so proudly now.

  10. I have already thought about sending notices out to property owners and am considering it carefully. I would need help and some resources to do that and have just opened the FACEOFF chapter here to organize, educate and be a conduit to other citizens groups like CFGG as well blogs like yours.

    The problems as you properly recognized as a money grab are very broad not just confined to “Contractors gone wild with blighted officials” but also selective prosecutions of code violations by the parish , or like the dumpster zoning ordinance passed to defraud 4 plex property owners of city services while damaging their property.

    This has been my point to CFGG the “punishment does not fit the crime” the parish is using overly aggressive code enforcement to raise money while they squander huge sums of money on pet projects like the Arts and Entertainment center without code enforcement and/or spending enormous legal fees trying to “defend the indefensible” .

    So now the Parish has entered into the business of taking homes though tax auction away from vulnerable people particularly the elderly, disabled, and poor for something as minor as cutting down a tree and/or not keeping your grass under 12 inches without sympathetic considerations of circumstances .

    Jefferson parish has a history of flaunting it’s violations and non-compliance to Fair Housing and/or ADA Title II through discriminatory zoning, discriminatory code enforcement , poor BZA boards , that have an effect on all citizens even though they may not see it until it’s shown to them .

    One being the lawsuit by Mr. Perry Jefferson Parish having to return 10’s if not 100’s of million’s of dollars to HUD on the heels of the parish losing it’s fight of forgiveness to FEMA loans that had a high rate of misappropriation.

    The other is the high price we all pay when the system fails individuals like Linda and others I am trying to help in filing complaints.

  11. Tom: There was a case on the westbank in which toxic chemicals were found on property premises and the owner, an Asian, was forced to give up his property rights and somehow a Church ended up with the property.

    The site became listed on a Brown Toxic site in which Federal government money was to be used for cleanup provided the owners of the Church property formulated a plan for a viable development to generate Parish taxes.

    The Church issued intentions of a huge( 40 MILLION dollar) residential development but the development plan was never carried out. Don’t know if the site was ever cleaned up. The Asians had no political connections, but did this Church have political connections to get on the Brown Toxic site list only to not fulfill a proposed commercial plan to fruition ?

    Another analogous story of toxic pollution but of a different outcome is at the corner of Vets and Severn( the old Bennigans Restaurant where toxic dry cleaning chemicals were discovered deep in the soil.)

    In this case the owner(politically connected ?) kept his property rights and the property was placed on the Brown Toxic cleanup list, cleaned up with federal funds( up to $200,000) and a commercial development is occurring on said site.The source of the chemicals was from a building to the west of Bennigans, yet what has Code done about the owner of that property or is that property owned by the same individual who owns the Bennigans property ?

    Selective prosecution by Code, resulting in very different outcomes, seems to be possibly politically driven in JP.

    Any readers out there who would know who are the owners of the Vets/ Severn corner property and site of old dry cleaners property please comment.

    1. Thanks for the feed back ,

      This is about an 87 year old elderly woman who’s next door property owner that claims they have friends in high place and can do anything they want which appears to be true, they are harassing her to obtain the adjacent sister 4 plex she owns. They are vandalizing the property , block the disability parking and entry , put vulgar signs regarding her age and disability, pour gallons of crab boil out in the breeze way knowing she has COPD , bang on her door etc.. Etc…. We have pictures and police reports things got so bad that she cut the rent for a JPSO officer to live next to her but as the story goes the mice will play when the cats away .

      Additionaly she has other disabled tenants a 76 year old male with a serious heart condition and spinal problems and a 47 year old male with injuries after being struck by a drunk driver incuding a serious brain injury and of course myself.

      The other property owner had her written up for a fence that code enforcement said was ok to build at 8ft post Katrina between 2 other 4 plexes and an abutting 3 stories 36 plus complex just 15 feet off her property in the rear.

      The parish had an adjudication hearing over 5 years 3 months past construction with the first violation stating no violation during inspection then code enforcment came back 8 days later after the respondents contacted their friends again to issue a second violation 4 years 10 months after construction.

      She hired an attorney who in a letter to Mr. Piglia requested reasonable accommodations to adjudicate both the fence and the upcoming dumpster ordinance that I found out about in the many trips to JP code enforcement.

      The letter was never responded to because the fence is for residential property and the dumpster ordinance is a commercial zoning violation the fence case is on appeal and now the parish is issuing subpoena to her for the garbage dumpster.

      The parish attorney is deliberately creating a monetary hardship on and elderly disabled woman who lives on a fixed income that physically can not appear in court .

      Now remember the parish passed an ordinance that all code violations and or court costs plus 100% surcharge and 15% collection fees can be applied as ad valorum taxes which could mean the lose of her property and the parish attorney refuses to allow an attorney to be assigned to represent her at the parish expense.

      Read the case being filed with HUD below the
      And letter from CFGG .

      Dear Ms. Jones ,

      Attached are both the release and representation form signed by Mrs.XXXXX as per your offices request and the Jefferson Parish summons for court proceedings for use of individual garbage cans out lined in previously e-mails to you and pictures providing evidence of violations to 24 cfr part 8 of other multi-family structures by the parish. Most all 4 plex properties in Jefferson Parish do not have rear yard access which has it’s inherent problems. After the hearing I will be filing a new complaint outlined below.

      Mrs. XXXXXX signed and requested Reasonable Accommodation and or Modifications to rules, policies and practices of Jefferson Parish to continue city services which are superior for the disabled to use rather than be forced to eliminate the disability parking space to accommodate a dumpster or be required to use 96 gallon tipper carts while the parish refuses to enforce disability accessibility to our blocked entrances to her building.

      Further more I filed an ADA Title II complaint with the parish attorney and ADA coordinator having a request for a face to face meeting to discuss our problem which was never responded to by any parish authority . It is totally unnecessary to require a hearing by Jefferson parish since the ordinance clearly states it is up to the discretion of the director of code enforcement to issue a Hardship Permit . Jefferson Parish policy is to collect a $150 application fee for a Hardship Permit as well mandatory hearing of witch those costs being an additional $300 regardless of age or disability.

      As I have been trying to inform you this ordinance was passed by the council during the time the former parish president Arron Broussard, Mr. Fred Heebe, his wife Jennifer Sneed former councilwomen were reported in the newspaper and now a DOJ investigation , conspiring with others to rig contracts with the parish as well divert privatized garbage collection to River Birch land fill.

      This ordinance born from that corruption is causing a Disparate Impact on the disable in several ways by (1) Garbage trucks blocking and damaging driveways and sidewalks that have utilities underneath during collection effecting disability use. (2) Parish requiring owners to place dumpsters on assessable routes and sidewalks leading into the buildings (3) Parish requiring owners to put up un-assessable fenced enclosures around dumpsters (4) Parish required property owners who simply can not put up dumpster to use over-sized garbage containers the disabled can not use while city services are available that are superior using smaller 35 gallon containers. (5) 4 plex properties were never designed for the more expensive commercial garbage collection such as larger complexes in driveway or sidewalk construction, do not have on-site rental offices or maintenance personnel that can provide Reasonable Accommodations ultimately raising maintenance costs and parish permit fees to property owners which in turn is artificially raising rents.

      CITIZENS FOR GOOD GOVERNMENT

      1809 Cleary Avenue
      Metairie, LA 70001
      January 13, 2011

      Mr. Richard Rainey
      Times-Picayune
      New Orleans, LA

      SUBJECT: Citizens for Good Government fully supports Mr. Tom XXXX in his complaint against our Jefferson Parish government

      Dear Mr. Rainey:

      For over a year Citizens for Good Government has been corresponding with Mr. Tom XXXXX concerning the harassment to which he and his elderly, severely handicapped neighbor and landlord, Mrs. XXXXXXXX, have been subjected by neighbors in a fourplex across from the one in which they each occupied an apartment at XXXXX in Metairie. Mr. XXXXX has shared with us many photos which document violations by these harassers, who among other things, repeatedly violated disability parking laws by illegally blocking access required by handicapped residents of XXXXXX. These violations by residents of XXXXXX, as well as other acts of harassment, have gone essentially unpunished. Now it appears that Jefferson Parish’s Code Enforcement Department is retaliating against Mr. XXXXX and Mrs. XXXXXX because of Mr. XXXXX numerous legitimate complaints concerning their harassment and violations of the Americans with Disabilities Act by residents of the other fourplex. Citizens for Good Government fully supports Mr. XXXXX in his complaints.

      We first became aware of the difficulties Mr. XXXXX was having in his effort to help his elderly, disabled friend and landlord, Mrs. XXXXXX, in December 2010. We were outraged that Mrs. XXXXXX was virtually a prisoner in her apartment, afraid to even get her mail, because of harassment by neighbors who live in the fourplex at XXXXX, which faces the fourplex at XXXXX, which she owns. And we were dismayed that last August Mrs. XXXXXXX finally gave up on her plans to continue living in her fourplex apartment, because in her fragile physical condition she apparently could not tolerate the stress of the continuing harassment she was suffering at the hands of her youthful neighbors in the other fourplex.

      Furthermore, it is unacceptable that our Jefferson Parish Sheriff’s Office apparently refused to require Mrs. XXXXX neighbors across the way to cease and desist their abusive behavior toward her and Mr. Heaney, even though Mr. Heaney complained repeatedly to them and provided compelling evidence of this abuse. This included photos of vehicles affiliated with 3009 Houma blocking the handicap access point, intimidating notes and signs directed at disabled tenants which were posted on the property, and corroborating statements from another XXXXX tenant about the problems described by Mr. XXXXXX. Additionally, there is no guarantee at any time that the entrance or sidewalks would be free for emergency services, if needed, for the disabled residents of the apartments at XXXXXX, since the residents of the XXXXX fourplex have repeatedly blocked the sidewalks and either the gate or the disability parking place.

      Now Jefferson Parish’s Code Enforcement Department is apparently attempting to exact retribution against Mrs. XXXXXX and Mr. Heaney, by taking action which would no longer permit them to have Jefferson Parish-provided curbside garbage pickup for the XXXXXXX fourplex by IESI, paid for on their water bill. After responding to a recent complaint by Mr. XXXX, Code Enforcement took action to require Mrs. XXXXXXX to provide a bulk waste container, or dumpster, for her tenants, unless she can qualify for a hardship special permit. There is no doubt that Mrs. XXXXX should qualify for hardship special permit, because her fourplex does not have rear yard access, and placing the dumpster in the front would create an accessibility problem for the disabled by both blocking the accessible route to the buildings and violating fire code egress. However, a hardship special permit would require her to contract with a private company for curbside garbage pickup.

      The alternative of obtaining permits to have a private company provide curbside garbage collection is also unacceptable, since, for one thing, it would result in increased traffic from huge garbage trucks in residential neighborhoods, with different private companies having different scheduled pickups during the week. Mr. XXXXX has presented a compelling case against the use of a private garbage company because of unacceptable additional wear and tear on the streets of Jefferson Parish and the unsightly presence of garbage cans on the streets of Jefferson essentially all of the time, to the detriment of neighborhood aesthetics.

      Since the use of a dumpster is not possible and since there is a detriment to the citizens of Jefferson Parish from forcing Mrs. LaBardin to obtain a permit for a private company to provide curbside garbage pickup, there is no reason why Mrs. XXXXXX should not be permitted to continue the current arrangement of having IESI pick up the garbage for her fourplex.

      Mr. Rainey, Citizens for Good Government hopes that you decide to write a report on the plight of Mrs. XXXXXX and Mr. XXXXX, and the failure so far of our local Jefferson Parish Government and the Jefferson Parish Sheriff’s Office to provide them with relief from harassment and to treat them fairly.

      Sincerely,

      Margaret Baird
      Chairman, Citizens for Good Government

      Margie Seemann
      Vice-Chairman, Citizens for Good Government

  12. As to the response to Linda’s story I personally pulled her file as well have a copy of the Peppers and Associates demolition plan and the Congressional-Subcommittee report on Ceres Environmental being named one of three largest contractors committing fraud and abuse post Katrina who Bill Hubbard’s company and other worked under . In short you are wrong on all points . Linda’s property was demolished without the parish required permit with one letter only in the file addressed by Mr. Savoye to the demoed house address which Linda never received stated their would be further contact and posting of the property when no other contact took place . The house was not on the demo list , was not posted for demolition additionally the Ceres Environmental pictures shows the cars of her work crew in front of the house in the original inspections , the house interior gutted and sheet rock as well insulation being replaced with a ladder standing in the picture . Additionally Linda has the pictures from the Road Home appraisal showing the house being worked on and the demolition pictures clearly prove along with neighbors who are witness that no posting was done in fact it was a neighbor that called her to ask if she new about the demolition which she took pictures of herself. I suggest you go back and start reading the news articles from that time period . You must work for the parish ,eh?

  13. Snookie: Its apparent that you work in the JP Environmental or Code Department so I appreciate your comment and please excuse my only error of misspelling ” Brown” toxic dump site instead of “Brownfield”.

    With that said and seeing you are well connected and knowledgeable about toxic sites in JP how about telling us who the owner is of the property at corner of Vets/Severn( old Bennegans site) and who is the property owner of the previous dry cleaners building next door who evidently leaked the toxic chemicals into the ground.

    And conditionally what has been done to clean up the old cleaners property site.

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