"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."