Agenda - Planning Commission - 10/04/2012

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July 10, 2012 I Volume 6 I No. 13 Zoning Bulletin contended that, by passing Ordinances 5685 and 6362, the TPCG destroyed Tradewinds' business value, as Tradewinds could no longer operate its trucks to haul dirt, sand, and limestone from the Bayouside Drive property to their customers. The trial court issued judgment in favor of TPCG. It found that Tradewinds "failed to carry their burden of proving that the ordinance in question was unconstitutional." Tradewinds appealed. DECISION: Judgment of trial court affirmed. The Court of Appeal of Louisiana held that Tradewinds failed to show that the ordinances amounted to an unconstitutional taking of property. In so holding, the court explained that the ordinances would be found to be constitutionally valid exercises of the TPCG's police power if, under all cir- cumstances, the ordinances were "reasonable" and "designed to accomplish a purpose properly falling within the scope of the police power." The parties did not dispute that TPCG had the power to pass ordinances to establish weight limits on the roads within the parish. However, Tradewinds contended that the passage of these ordinances constituted an inverse condemnation of its property in violation of the constitutional provisions of reasonableness and for a public purpose. The court concluded that the TPCG's establishment of the weight limits was reasonable to prevent roadway damage for which it was financially responsible. Thus, the court found the ordinances were constitutional. Looking at whether the ordinances amounted to inverse condemnation, the court further explained that to establish inverse condemnation, a party must show that: (1) a recognized species of property right has been affected; (2) the property has been taken or damaged in a constitutional sense; and (3) the tak- ing or damaging was for a public purpose. Here, the court found that: (1) the imposition of the 15-ton weight limit on Bayouside Drive affected Tradewinds' ability to use its property in the manner it had previously been used, at least without their having to go through the ad- ditional steps necessary to qualify for a permit; and (2) any alleged taking or damaging of the Bayouside Drive property by the passage of the ordinances would have been for a public purpose (i.e., maintenance of the roadway). However, the court did not find that the Bayouside Drive property had been taken or damaged in a constitutional sense. In order for the ordinance to con- stitute a constitutional taking, it had to destroy a major portion of the property's value. And, here, the court found that Tradewinds failed to show that the TPCG's adoption of the ordinances destroyed Tradewinds' business value by prohibiting Tradewinds operation of its trucks. The court found that Tradewinds had the ability to continue conducting its business at the Bayouside Drive location by complying with the requirements necessary to obtain a permit that would have allowed it to operate its trucks with a total weight in excess of the limit on Bayouside Drive, but, chose not to comply. See also: Wes-T-Erre Development Corp. v. Terrebonne Parish, Through Police Jury of Terrebonne Parish, 416 So. 2d 209 (La. Ct. App. 1st Cir. 1982), writ denied, 421 So. 2d 251 (La. 1982). 8 ©2012 Thomson Reuters