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Rouzan TND zoning pulled

Posted on 3/11/14 at 1:29 pm
Posted by Supermoto Tiger
Baton Rouge
Member since Dec 2010
9903 posts
Posted on 3/11/14 at 1:29 pm
So what does this mean?

From the Business Report:
"
Spinosa to ask First Circuit for rehearing in Rouzan ruling


Developer Tommy Spinosa plans to ask the First Circuit Court of Appeals for a rehearing in his case over the validity of Rouzan's zoning as a traditional neighborhood development. A three-judge panel last week nullified Rouzan's zoning as a TND on the grounds that the developer did not have full ownership and control over all the property within the boundaries of the TND when the Metro Council rezoned it in 2008. "We intend to request a rehearing," says Rouzan Marketing Director Kelly Vastine. "Planning commission matters are being discussed with various parties involved and are yet to be determined." If the appellate court denies Spinosa's request for a rehearing, the developer will have to go back before the planning commission to have the property rezoned as either a TND or a planned unit development—either of which would likely reopen a can of worms with Southdowns area residents, who fought the rezoning of the property in 2008." —Stephanie Riegel
Posted by LSUvegasbombed
Red Stick
Member since Sep 2013
15464 posts
Posted on 3/11/14 at 1:30 pm to
I live a block away. I am not against Rouzan or for it!

But I totally reading that!
Posted by CherryGarciaMan
Sugar Magnolia
Member since Aug 2012
2497 posts
Posted on 3/11/14 at 1:46 pm to
It means a victory for all those unfortunate enough to live in BR and commute in the perkins/college area.

I remember my second senior year at LSU and fighting the development in 2007/2008.

It was a complete shitshow, and the Council Meetings were a joke and a farce. It was one of those eye-opening experiences about government, and put me on the fast track to develop a healthy distrust of government.
Posted by LuckySo-n-So
Member since Jul 2005
22075 posts
Posted on 3/11/14 at 1:50 pm to
It amazes me that people are still willing to do business with Spinosa or Spinosa-related companies and projects.
Posted by Supermoto Tiger
Baton Rouge
Member since Dec 2010
9903 posts
Posted on 3/11/14 at 1:54 pm to
The Council and Planning Commission grant a TND zoning to the developer. Then, after several years, take it away??? Seems like that will open up a can of law suits towards City Govt???

Until this zoning issue gets settled, you can't pull a permit for a house or close on a home out there. Am I understanding this correctly?
Posted by Drop4Loss
Birds Eye Of Deaf Valley
Member since Oct 2007
3840 posts
Posted on 3/11/14 at 2:00 pm to
There has been lots of houses built and sold in there already.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18887 posts
Posted on 3/11/14 at 2:00 pm to
CPC had zero to do with pulling the zoning. Spinosa got sued by others and that was the outcome.

This is a result of him acting like an a-hole to two people who own property directly in the center of his development. He went in with a "screw you guys" attitude from the get-go and didn't expect them to put up a fight. Well, they did and now he is the one who is in trouble.
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 3/11/14 at 2:02 pm to
If you get money for nothing at the front end of a project why would you not be on board? It is the suckers who plan on their payoff coming at the back end who amaze me.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18887 posts
Posted on 3/11/14 at 2:04 pm to
What's REALLY interesting about the current homes is that they in no way conform with the zoning requirements (post court decision) because of how close together they are. Regardless of what happens here, those guys are (I hear) going to all be forced to go back to the Commission and request variances. I am curious to see if anyone else is going to break ground until this drags out in court.

MOST LIKELY OUTCOME IMO, is Tommy is going to break down and pay off those two guys in the middle to go away. I am sure they are going to make him pay dearly if they are willing to leave at all. He really crapped on at least one of the guys and I wouldn't be surprised to see that dude stick in place come hell or high water.
Posted by Geauxld Finger
Baton Rouge
Member since Jan 2005
31653 posts
Posted on 3/11/14 at 2:06 pm to
this is a bullshite move by the surrounding home owners and politicians. You can't grant shite in writing then rescind it years later. Prepare for massive lawsuits.
This post was edited on 3/11/14 at 2:10 pm
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18887 posts
Posted on 3/11/14 at 2:06 pm to
BTW, all of this from a guy (Spinosa) who is deliquent on his personal property taxes in EBR for his primary residence. How exactly is a guy delinquent on his personal taxes doing bang-up business with the City/Parish?
Posted by Geauxld Finger
Baton Rouge
Member since Jan 2005
31653 posts
Posted on 3/11/14 at 2:09 pm to
quote:

MOST LIKELY OUTCOME IMO, is Tommy is going to break down and pay off those two guys in the middle to go away. I am sure they are going to make him pay dearly if they are willing to leave at all. He really crapped on at least one of the guys and I wouldn't be surprised to see that dude stick in place come hell or high water


that dude was never leaving. they gave him so many offers and he acted like a dick every time. He wants his little haven back there off the beaten path.

quote:

What's REALLY interesting about the current homes is that they in no way conform with the zoning requirements (post court decision) because of how close together they are. Regardless of what happens here, those guys are (I hear) going to all be forced to go back to the Commission and request variances. I am curious to see if anyone else is going to break ground until this drags out in court.


I can't see that happening considering every home owner could then take the city to court for breach of contract as the homes were sold under certain pretenses. This is just the homeowners putting a big frick you to spinosa
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 3/11/14 at 2:12 pm to
quote:

The Council and Planning Commission grant a TND zoning to the developer. Then, after several years, take it away??? Seems like that will open up a can of law suits towards City Govt???
If the CPC claims it granted the zoning based on misrepresentations by Spinoza, then they can force Spinoza to prove there were no misrepresentations in his original application. And that will be pretty difficult given the determination in the recently decided lawsuit.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18887 posts
Posted on 3/11/14 at 2:17 pm to
+1 to this. I don't think you are going to see the CPC defending Spinosa at this point. It's going to be every man for himself and let the finger pointing begin. They will say Spinosa lied, he will say he is right and the court is wrong and the guys living in the middle are going to say "pay me."
Posted by Supermoto Tiger
Baton Rouge
Member since Dec 2010
9903 posts
Posted on 3/11/14 at 2:19 pm to
quote:

I am curious to see if anyone else is going to break ground until this drags out in court.


That's my point...I'm being told that you can't break ground on a home since this ruling because city parish stopped issuing permits until it gets settled.
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
57077 posts
Posted on 3/11/14 at 2:20 pm to

quote:

It was a complete shitshow, and the Council Meetings were a joke and a farce. It was one of those eye-opening experiences about government, and put me on the fast track to develop a healthy distrust of government.


This, and the metro councilman who told his constituents that he was going to fight against this type of development was actually a Spinosa plant. We had the same issue with Green Trails at Shenandoah; by the time word got out about the project, it was too late to do anything.
Posted by Supermoto Tiger
Baton Rouge
Member since Dec 2010
9903 posts
Posted on 3/11/14 at 2:21 pm to
quote:

this is a bullshite move by the surrounding home owners and politicians. You can't grant shite in writing then rescind it years later. Prepare for massive lawsuits.


That's what I'm thinking too!
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18887 posts
Posted on 3/11/14 at 2:22 pm to
And let me drop this here... The Library Board is still considering purchasing (for a horribly inflated price) the property that Spinosa owns on Perkins near Pollard. If they buy land from a guy who is sideways with the CPC and behind on taxes I will flip a lid.

That should initiate an automatic federal investigation of who he is paying.
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
57077 posts
Posted on 3/11/14 at 2:23 pm to
quote:

The Council and Planning Commission grant a TND zoning to the developer. Then, after several years, take it away??? Seems like that will open up a can of law suits towards City Govt???


The court, not the counci, took away the zoning. The council rubberstamped the project without having all of the fact or, at least, the facts as Tommy Spinosa presented them.
Posted by dewster
Chicago
Member since Aug 2006
25283 posts
Posted on 3/11/14 at 2:33 pm to
I've never seen this happen before.

That was a nice plot in a desirable part of town. It's a shame that it will be in limbo.
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