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re: Broome’s legal status to sue as mayor in question. Update Lamont Cole added to suit

Posted on 11/7/19 at 5:56 pm to
Posted by doubleb
Baton Rouge
Member since Aug 2006
43069 posts
Posted on 11/7/19 at 5:56 pm to
None of the Council filed suit

This post was edited on 11/7/19 at 5:59 pm
Posted by teke184
Zachary, LA
Member since Jan 2007
105178 posts
Posted on 11/7/19 at 5:59 pm to
Not yet.

But if SWB’s suit gets tossed, I figure Fat Chauna and about 3 more council members all sue if they are allowed to do so individually if they can’t get a majority of the council.
Posted by LSUDAN1
Member since Oct 2010
11438 posts
Posted on 11/7/19 at 6:09 pm to
Scotlandville should break away next.
Posted by teke184
Zachary, LA
Member since Jan 2007
105178 posts
Posted on 11/7/19 at 6:13 pm to
They can try. Only way I see it working is if they can incorporate a lot of the plants along 61.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
139226 posts
Posted on 11/7/19 at 6:13 pm to
Skip Bertman isn't gonna be happy about this
Posted by LSUTigerFan247
Member since Jun 2017
3838 posts
Posted on 11/7/19 at 6:19 pm to
Legal standing or not it's a damn disgrace that citizens are being sued by their own farking Mayor. Louisiana and more specifically Baton Rouge have no chance.
Posted by doubleb
Baton Rouge
Member since Aug 2006
43069 posts
Posted on 11/7/19 at 6:25 pm to
quote:

Not yet.

But if SWB’s suit gets tossed, I figure Fat Chauna and about 3 more council members all sue if they are allowed to do so individually if they can’t get a majority of the council.


They certainly could
Posted by LSUFanHouston
NOLA
Member since Jul 2009
41669 posts
Posted on 11/7/19 at 6:27 pm to
quote:

They certainly could


Is there a time limit in which you can bring a suit for this type of situation?
Posted by doubleb
Baton Rouge
Member since Aug 2006
43069 posts
Posted on 11/7/19 at 6:27 pm to
quote:


They can try. Only way I see it working is if they can incorporate a lot of the plants along 61.


Scotlandville would have to break out of BR I believe.
Industrial areas can’t be incorporated.
Posted by doubleb
Baton Rouge
Member since Aug 2006
43069 posts
Posted on 11/7/19 at 6:28 pm to
quote:



Is there a time limit in which you can bring a suit for this type of situation?


I’d guess there is some kind of time restraint.
Posted by holmesbr
Baton Rouge, La.
Member since Feb 2012
4194 posts
Posted on 11/7/19 at 7:05 pm to
I think the elected official (mayor or city council) would have to sue as City of Baton Rouge. That's going to be a tough sell to City of BR residents because it's only about the parish money going into the city general fund at that point.
Posted by Lickitty Split
Inside
Member since Apr 2017
4198 posts
Posted on 11/7/19 at 9:08 pm to
The mayor cannot sue because she is not a member of the governing authority. Her suit will get tossed for lack of standing.

The metro council operates at the parish governing authority. I’d argue that they are not a governing authority of a municipality but of a parish. That probably won’t fly but I’d still argue it because the home rule charter. Regardless, the city cannot argue that it will adversely affect the parish because the way that the City/Parish government is setup because Article 8 on the State Constitution prohibits such incorporation. While in may not be explicit in the charter itself, the fact that the governing authority is taking this position means that its implied in this form of government e.g. City of Central.

With the city of Baton Rouge benefiting from unincorporated areas tax money, it’s hard to make an argument that they are adversely impacted as well. Any incorporation would be deemed an adverse impact under that theory and further violates the State Constitution.

I’ll leave you with this mayor Broome, suck my... and don’t forget to swallow.
Posted by SeeeeK
some where
Member since Sep 2012
30763 posts
Posted on 11/7/19 at 9:15 pm to
quote:

Well, only way to know for sure....let’s hold a taxpayer funded catered lunch on Friday. How does TJ Ribs sound?


They don't have the time or money for that. There are t-shirts to be made, and grimace will be in Vegas with part of the COA jackpot.
Posted by dallastigers
Member since Dec 2003
10987 posts
Posted on 11/7/19 at 9:24 pm to
So will Broome and M.E. go property shopping. I am sure this would have had to been included in suit if they already bought land to file lawsuit (and really can’t do it after without dropping this one and filing another).

quote:

A. Any of the following persons or governmental entities may file a petition contesting the incorporation:
(1) Any elector residing in the area proposed for incorporation.
(2) Any person owning land in such area.
(3) Any municipality which might be adversely affected or an elected official of the governing authority of such a municipality.



Still think the adversely in #3 fits more with areas leaving a city; where a city has had a kind of long standing & progressing official effort to annex area, an enclave incorporation forming within city limits; maybe a city that could restrict natural resources somehow; or will directly & dramatically increase actual expenses of city only if area incorporates and cannot be easily overcome (not just lost sales taxes/revenue from an area outside of city limits already and not parish related).

I don’t see anything that stands out. Being city-parish govt will still give them a presence in StG, Broome would still be parish president & mayor of BR, and EBR under Broome would be partner during transition & after unlike if BR govt wasn’t merged with parish govt. I think Broome being mayor of BR and president of parish should actually limit any valid fears BR might have of being adversely effected more than say a Central type municipality where city govt is not officially merged with parish & it’s mayor is not parish president.
Posted by tommy2tone1999
St. George, LA
Member since Sep 2008
7840 posts
Posted on 11/7/19 at 10:18 pm to
Interesting fact, Scotlandville is the precursor that made SG possible. They tried to incorporate as a city and got the state constitution changed to allow it, but were eventually annexed into BTR before that could happen. A black civil rights leader lobbied the legislature to allow these changes to the constitution.

History of Scotlandville
This post was edited on 11/7/19 at 10:21 pm
Posted by Solo
Member since Aug 2008
8257 posts
Posted on 11/7/19 at 11:29 pm to
St. George stttttaaacccccckkeeeddd

BR fuuuuucccckkkkeeeedddd
Posted by ForeverEllisHugh
Baton Rouge
Member since Aug 2016
16678 posts
Posted on 11/7/19 at 11:40 pm to
Fargason taught me about this... NO STANDING
Posted by bigpoppadiesel35
Member since Oct 2010
249 posts
Posted on 11/8/19 at 4:29 am to
Why can't "industrial areas" be incorporated if the land falls within an incorporation petition's map?

What constitutes an "industrial area?"

Can an "industrial area" be annexed into an existing incorporation limit?
Posted by Big4SALTbro
Member since Jun 2019
25197 posts
Posted on 11/8/19 at 4:44 am to
This was seen coming from a mile away. The together br folks weren’t just going to let tax dollars walk away even with a fair election. Elections have consequences unless you are a liberal then you just deny the results.
Posted by saint tiger225
San Diego
Member since Jan 2011
49203 posts
Posted on 11/8/19 at 4:47 am to
Even if she could sue, it's so fricked up we have elected officials like her that are fighting the will of the people.

Her and her idiot minions have already done enough BS to try and stop it, but it didn't succeed. St. George organizers and supporters have done everything the right way, even though crooked politicians like her and our dumbass governor have fought it every step of the way. frick her and all the other people trying to stop something that was voted on and done the correct way and done by democracy.
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