Livingston Parish leaders consider Deer Run settlement

A settlement has been proposed in the lawsuit over a contentious “mega-division” in Livingston Parish that would allow the project to move forward with some limitations, seeking to avoid a trial later this month.

But the bylaw still needs to be approved by the parish council, which has faced huge pressure from residents to block the scheme over fears it could lead to worsening traffic, overcrowding in schools and increased flood risks.

Deer Run, a 2,000-lot subdivision planned for the Denham Springs area, has roiled Livingston Parish for nearly two years. Anti-developer sentiment became a major flashpoint during last fall’s election cycle, ushering in a wave of council members and a new administration determined to rein in what they call rampant, unchecked growth.

Livingston Parish Council has been at the center of that debate, often pushing back against angry residents who want their elected officials to do more to prevent a disaster like the 2016 flood. Council members have publicly criticized and clashed with representatives of Ascension Properties Inc., the developer of Deer Run.

As Ascension Properties fought through various approval processes — and emerged victorious in a federal court trial last summer that all but ensured the project would move forward — tensions continued to simmer.

In February, under a new administration, the fragile peace between the developer and local officials was shattered. Ascension Properties filed a lawsuit against the parish government, claiming that leaders have engaged in a “continuing series” of illegal actions that are “deliberately designed to disrupt, delay and block” the project.

The developer is asking a judge to overturn a stop-work order issued by parish president Randy Delatte after he took office.

A draft settlement agreement with Ascension Properties has been submitted to the administration. But the parish council must approve it for it to take effect; a special meeting to vote on the draft had not yet been scheduled as of Friday afternoon.

“We hope that the citizens will have a say. They live here. They know (Deer Run) is not going to work,” Delatte said Friday. “But if we don’t negotiate a deal, we risk the federal judge taking over the whole development, like they do with schools and prisons and all that, and we won’t have any say in it. Now, if we negotiate a good deal, we’ll have a chance to have a say.”

Tom Easterly, an attorney for Ascension Properties, said in a statement that the developer would be ready for trial.

“The testimony and evidence will convincingly demonstrate that the parish violated federal and state law by obstructing and disrupting the Deer Run Project in multiple ways,” he said. “As a result, the parish is subject to substantial financial liability, including a very significant claim under federal law for attorneys’ fees.”

The rule

According to a draft settlement obtained by The Advocate, the deal would allow Deer Run to move forward — with certain stipulations in place.

The agreement “is intended, in part, to mitigate legal costs and expenses” and “avoid further litigation” over the project, the draft said.

Under the agreement, Ascension Properties would remove all 42-foot-wide lots, which have long been a subject of debate within the council, and add “the appropriate number” of 62-foot-wide lots to reduce the density of the project. Additionally, the 2,023 single-family residential lots previously approved would also be reduced to “allow a maximum of 1,881 lots.”

These lands would be zoned to comply with development permits, the proposal states. If the potential zoning of these lands is incompatible with the use of the subdivision, it would not apply to the property.

Under the previous agreement reached last summer, Ascension Properties would also be prohibited from building apartments, but only townhouses.

The project would subject Deer Run to parish-wide impact fees, if passed, except for the first 400 lots.

the negociation

On Wednesday, July 10, Delatte, District 3 Councilman Billy Taylor, District 5 Councilwoman Erin Sandefur, District 8 Councilman Dean Coates and three parish attorneys met with a magistrate judge and representatives of Ascension Properties to discuss a possible settlement, according to Delatte.

Federal Judge Shelly Dick also ordered the parish president and a panel of council members to attend a pretrial conference on July 16, days before the scheduled July 29 trial.

An entry in the court filing noted that “the parties have been unable to reach a resolution at this time; however, the parties will continue negotiations themselves.”

Delatte said he and the panel of council members were in negotiations until late Wednesday night.

“In my opinion, (Ascension Properties) could get to work right now with nothing else required except the payment of its fees,” Delatte said.

Those fees total about $4,300, he said. Although he said the parish sent a request to the company to pay those fees and schedule its construction meeting so Delatte could withdraw the stop-work order, he said the developer “chose not to go to work and go to court instead.”

“We can only assume that they feel they got a better deal than we did,” Delatte said. “I know there are a lot of negotiations going on.”

Easterly, Ascension Properties’ attorney, criticized Delatte’s characterization of the dispute in a statement.

“Ascension Properties went back to court and sued the parish again when Mr. Delatte and the parish issued a blatantly unconstitutional cease-work order prohibiting any further development at Deer Run, which is already approved and under construction,” he said. “The cease-work order should never have been issued in the first place. Mr. Delatte’s recent comments ignore critical facts and seek to sweep multiple instances of illegal conduct under the rug. We are very confident in our case and look forward to the day our client appears in court.”