Summary:
The plan to move the Compaq Gold Classic from English Turn to the proposed new course near Bayou Segnette is on hold, and may be delayed for several years, by a lawsuit filed by Environmentalists (Save Our Wetlands, Inc.), who claim that the course will reduce water quality and flood control in the area. Officials have not given up hope, despite the suit and permit delays.
The Professional Golf Association determined that it needed a tournament level course in the New Orleans area, and agreed to contribute up to $12 million for it's construction, on land donated by the Marrero0 Land Improvement Association, led by Buck Barkley. Jefferson Parish President, Tim Coulon, a member of the Compaq Classic Board of Directors, says that he is still optimistic.
As a course on land owned by the state, the course will be open to the public for a "per round" green fee of up to $100. It is contended that the course will be rent free for the PGA, provide better viewing for spectators, and allow for charitable donations, that would otherwise be spent at the private English Turn course.
The Department of Environmental Quality (DEQ) permit was issued in December of 1999, and the suit was brought by Save Our Wetlands shortly afterwards. According to Save Our Wetlands, Inc. spokesmen, they are prepared tpo bring the issue to the Louisiana Supreme Court, if necessary.
Hoping to halt the development of a $20 million golf course on 260 acres of West Bank wetlands, an environmental group has filed suit against Gov. Foster and Commissioner of Administration Mark Drennen, alleging the state's top executors are mishandling the public's trust and money.
"This is not anything personal against either one of them," said Ken Stewart, an attorney who filed suit on behalf of Save Our Wetlands Inc., and Clydia Davenport of New Orleans late Thursday. "The law states that you can't sue the state, you have to sue a person."
"Ultimately, what we are looking for is a permanent injunction."
"I think It's a waste of time and energy on their part. I think we are definitely within our rights to do this thing." REP. JOHN ALARIO, D-Westwego In March, Save Our Wetlands sued an official with the Department of Environmental Quality, alleging the agency violated the public's trust by approving a permit.
The latest suit to stop the development of the Tournament Players Club at Fairfield Plantation near Westwego was filed at the 19th Judicial District Court in Baton Rouge.
It petitions the court to declare the golf course and its state financing "inconsistent" with the state Constitution's environmental provisions and that the capital budget item of $9 million be ruled "unconstitutional and unenforceable."
State officials said they see no conflicts in contributing public money, characterizing the suit as a last-minute ploy to delay construction.
Judge Kay Bates will hear the case. A hearing date has not been set.
Foster spokesman Trey Williams said the governor has not seen the lawsuit. He said the state will pursue the construction of the golf course unless the courts say otherwise. "It is important to the economic development of the state," Williams said.
Drennen said the lawsuit would not hinder course construction.
"We know there is no merit to this lawsuit," said Drennen, Foster's chief fiscal and budgetary adviser. "We don't see any merit to this at all." [They] are just waiting for the Army Corps of Engineers to issue a permit to start construction on 190 acres of the 250-acre site, state officials said. A corps spokesman said a decision was close, but he couldn't give a specific time in which that recommendation would be released.
The Legislature has appropriated $6 million in its top bond priority and $3 million in its second-highest priority for acquisition, planning and construction of the course. Bonds will be sold this fall for the course.
Stewart said he cannot find any record of state officials discussing the environmental impact of the project on the wetlands either before, during or after the project was included in the construction budget bill.
"The issue here is whether or not the Legislature can appropriate money for a state project that will result in the destruction of a natural resource" that the Constitution says should be protected by state officials on behalf of Its citizens, he said.
Rep. John Alario, D-Westwego, said it was only a matter of time before the course became a reality.
"I think it's a waste of time and energy on their part," Alario said. "I think we are definitely within our rights to do this thing."
The golf course was first proposed by state officials two years ago. The Marrero Land and Improvement Association, donated the land, and the Legislature allocated $9 million for the course's construction. The Professional Golfers Association agreed to contribute $10 million, to $12 million and help develop and operate the course, which would become home to the Compaq Classic golf tournament The state would continue to own the land and TPC, a subsidiary of the PGA, would manage the course.
Clydia Davenport, who is named as a plaintiff in the suit against Drennen and Foster, said state leaders have not been good stewards of the land.
"The wetlands are for everyone, the golf courses are not," Davenport said. "Can just anybody afford a set of golf clubs? It's not something that Joe Public can go use any time he wanted
Professional Golfer's Association (PGA)
ATTN: Administrative Section
Dear Ms. Irvin:
RE: Destruction of 196 acres of wetlands in Westwego, LA for construction/development of a PGA Compaq Classic golf course.
Please be advised I represent SOWL, consisting of over 1,200 members concerning the above captioned. A SOWL Fact Sheet is enclosed for your information.
In this regard, please find enclosed a copy of a New Orleans Times Picayune article dated August 19, 2000 concerning SOWL's law suit to stop this PGA funded golf course that will destroy over 196 acres of our fast diminishing Louisiana wetlands.
This site has nearly converted from a cypress/tupelo swamp to a bottomland hardwood forested wetlands Although the forested wetlands on the site have been altered hydrogically, they still provide good quality habitat for wildlife and resident and migratory avian species that inhabit the immediate and surrounding areas. It is well documented that these types of forested wetlands have experienced a tremendous decline in Louisiana. Enclosed is a United States Department of Interior letter of March 26, 1999 and an EPA letter of March 26, 1999 for your review.
It is SOWL's opinion that the PGA should adopt a policy to withdraw the agreement to contribute $10 to $12 million to help and develop this golf course because of its destruction of Louisiana wetlands.
SOWL would appreciate a response to this request within 24 days so SOWL can make the proper determinations on whether PGA should be brought into this and other future litigations and also to advise our members, associates and friends of your decision.
Sincerely,
SOWL Executive Attorney
cc:
A proposed PGA golf course on the West Bank took a hit Wednesday when surprised Jefferson Parish Council members postponed action on becoming guarantor of $12 million in bonds needed for the project, in the first public signal that developers will need the parish's financial backing to get the venture rolling. Developers and parish officials said the delay is not likely to slow the project or affect a decision by the Louisiana Bond Commission, which could vote on the issue next week. But the council's debate showed that the developers have found obstacles in rounding up the $26 million needed for the project.
Some council members, who said they thought the project's financing was a done deal, said they did not know developers had been seeking financial support from the parish. Under the proposal, the council would pay the bonds' debt if the developers default. Parish financial advisor Jerry Sisung estimated payments of a 30-year, $12 million bond issue would range from $700,000 to $800,000 a year. The money would come from riverboat casinos, off-track betting and the hotel occupancy tax, all of which total a little less than $2 million a year. If the developers default, the parish would become the owner and operator of the project, and developers would lose their investment. The Parish Council postponed its vote until April 4.
Councilman Lloyd F. Giardina
Councilman Edmond J. Muniz
Councilman Nicholas Giambelluca, Sr.
Councilman T. J. "Butch" Ward
Councilman Donald R. Jones
Councilman John T. Lavarine
RE: 250 acres of wetlands near Bayou Segnette State Park proposed to be developed into a $20 million golf club near Westwego. Corps Permit Application No. EB-19-980-2419 DEQWQC #990302-10
Dear Councilmembers:
Please be advised I represent Save Our Wetlands, Inc. (SOWL) consisting of over 1,200 Louisiana citizens outraged because of the rampant destruction of 250 acres of Louisiana wetlands in connection with the proposed golf course in Westwego, Louisiana.
SOWL would like to bring to your attention the fact that these wetlands can be restored to what they once were. This fact is stated in the attached report by Prof. R. Eugene Turner, Director of the Coastal Ecology Institute and Department of Oceanography and Coastal Sciences at Louisiana State University. Please review this report before making any drastic decisions as scheduled for April 4th concerning these wetlands.
SOWL would also like to make you aware that there are two suits pending in connection with this matter in the First Circuit Court of Appeals. The caption and numbers are "SOWL v. DEQ", No. 2000-CA-2809 and "SOWL v. Mark Drenner", 2001-CA-2039. These cases are ongoing in the appeals court.
SOWL is also aware that this golf course would cost the Parish some $700,000 to $800,000 per year for 30 years in bond debt. This, to those SOWL members in Jefferson Parish, is a figure which is exorbitant and not acceptable.
There are millions of dollars available to purchase and/or restore wetlands such as these under Senator Breaux's Coastal Wetland Protection Preservation Act. SOWL requests that you not permit this golf course to be built on Louisiana's remaining precious wetlands and that any monies the Parish has or will have should be used to restore them back to what they once were.
Sincerely,
Save Our Wetlands, Inc.
LF/kcm
Councilman Lloyd F. Giardina
Councilman Edmond J. Muniz
Councilman Nicholas Giambelluca, Sr.
Councilman T. J. "Butch" Ward
Councilman Donald R. Jones
Councilman John T. Lavarine
RE: 250 acres of wetlands near Bayou Segnette State Park proposed to be developed into a $20 million golf club near Westwego. Corps Permit Application No. EB-19-980-2419 DEQWQC #990302-10
Dear Councilmembers:
It is becoming quite apparent that there is an unlimited pithole of potential liability on the Jefferson Parish taxpayers in construsction and possible default by the developer of the Westwego Golf Course.
SOWL would like to bring to your attention the fact that these wetlands can be restored to what they once were. This fact is stated in the attached report by Prof. R. Eugene Turner, Director of the Coastal Ecology Institute and Department of Oceanography and Coastal Sciences at Louisiana State University. Please review this report. In this regard, SOWL is willing to provide free services to you to apply through the proper channels under Senator Breaux's Coastal Wetland Protection Preservation Act to obtain the necessary money to purchase and restore this area into a prime wetland habitat.
As far as the economics of this, it could act as a tremendous eco tourism area for your Parish especially since it is adjacent to the Bayou Segnette State Park. I am hoping some of you will consider this lucrative and rewarding proposal and I look forward to hearing from you in the near future.
Sincerely,
Save Our Wetlands, Inc.
LF/kcm