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12/20/07
Thomas E. Gilbertsen, Eric Waeckerlin and Annie G. Wartanian Collaborate with New Orleans Civil Rights Lawyers to Achieve Victory on Behalf of Area Residents Seeking to Salvage Their Homes
New Orleans, LA – Property owners on New Orleans' demolition list who believe their homes should be saved are now going to be able to appeal to an independent body under a settlement agreed to yesterday by the Nagin administration and attorneys for homeowners. In the D.C. office, Kelley Drye & Warren attorneys Thomas E. Gilbertsen, Eric Waeckerlin, and Annie G. Wartanian served as pro bono counsel, partnering with noted civil rights attorney Tracie Washington and Loyola Law School faculty Davida Finger and Bill Quigley on behalf of plaintiffs.
The legal team sought a preliminary injunction to halt demolitions and proscribe notice and hearing procedures for homeowners affected by Hurricane Katrina in 2005. The appeal process, which has yet to be defined, may be similar to a recently completed property tax assessment appeal process in which an independent examiner reviews the city's decision after a homeowner files a complaint. Once city and plaintiffs' attorneys create an appeal framework, it will be submitted to the City Council for approval.
In August 2007, plaintiffs filed a federal lawsuit on behalf of a class of New Orleans homeowners, alleging that the city had illegally torn down buildings that could be salvaged. This suit was filed following the passage of an ordinance authorizing the city to demolish, without hearing, properties deemed imminent health threats. The ordinance did not provide property owners with the option of a formal hearing to challenge demolition notices, and while the city is required by law to mail notices to a property owner's the last known address and post notices online and in the newspaper, many owners of property threatened with demolition, particularly those still displaced by Hurricane Katrina, were not being reached. At a hearing on plaintiff’s motion for preliminary injunction, the city agreed to adopt new protections for New Orleans homeowners.
"We are very pleased that the city and Mayor Nagin decided to work with us and provide the additional protections sought by our motion. Everybody understands the enormity of the task confronting the people of New Orleans and their elected representatives. The notice and hearing procedures now being worked out with the City are intended to promote orderly recovery," said Gilbertsen.
In the weeks ahead, Kelley Drye's attorneys will provide strategic counsel on the appeal framework in anticipation of U.S. District Judge Martin Feldman's review on January 25. In the interim, the city of New Orleans has agreed not to demolish the homes of property owners that have filed complaints with the city. Davida Finger of the Loyola Law Clinic is advising property owners that wish to file complaints.
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Bios of Involved Attorneys:
Thomas E. Gilbertsen, Partner |
Annie G. Wartanian, Associate |
Eric Waeckerlin, Associate
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