6th Ward/Crowley Gravity Drainage District v. Benoit

229 So. 3d 590
CourtLouisiana Court of Appeal
DecidedOctober 4, 2017
Docket17-82
StatusPublished

This text of 229 So. 3d 590 (6th Ward/Crowley Gravity Drainage District v. Benoit) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
6th Ward/Crowley Gravity Drainage District v. Benoit, 229 So. 3d 590 (La. Ct. App. 2017).

Opinion

AMY, Judge.

hThe plaintiffs filed a motion for contempt of court, asserting that the defendant failed to comply with various terms included in a 2012 Consent Judgment, whereby the defendant was ordered to, among other things, remove debris from a drainage channel. Following a hearing, the trial court entered a judgment of contempt, sentencing the defendant to thirty days in the parish jail and making that sentence contingent on the timely completion of designated tasks.

Factual and Procedural Background

The present contempt of court proceeding originates from a 2008 petition filed by the 6th Ward/Crowley Gravity Drainage District (the “District”) against Charles Benoit, alleging that Mr. Benoit had placed “large amounts of debris, including concrete and asphalt on [his] property abutting Bayou Blanc[.]” The District cited concerns regarding potential drainage and integrity of the drainage canal as well as erosion and possible contamination of the soil by hydrocarbons. The District alleged that Mr. Benoit’s actions “caused significant damages to the banks and shoulders of the drainage channel, particularly fracturing the soil and causing the collapse of the northern bank of Bayou Blanc, depositing materials into the right-of-way and existing drainage ehannel[.]” The District asked that Mr. Benoit be held “liable for, including but not limited to the cost of removing all material, construction debris and soil which shifted into the drainage channel, and the cost of restoration of the drainage channel and the cost of the restoration of the northern and southern banks of the drainage channel in order to prevent further erosion.”

While the matter proceeded to trial on January 31, 2012, and February 1-2, 2012, the record indicates that, at the close of the District’s evidence, “the parties stipulated subject to the approval of the members of the governing authorities that the Court would issue a Consent Judgment^]” The resulting Consent Judgment, signed by the trial court on March 12, 2012, provides, in part, that:

JA-
CHARLES BENOIT shall remove a maximum of 3,000 cubic yards by truck measure of construction debris, concrete and other material along and adjacent to the property belonging to CHARLES BENOIT from the north bank and the channel of Bayou Blanc, at his cost up to a maximum of $90,000.00, including excavation, removal and disposal.- If stabilization of the north bank is achieved with removal of less than 3,000 cubic yards of debris and material (as to quantity and slope) as determined by the 6th WARD consulting engineers, removal will cease. If after removal of 3,000 cubic yards of debris and material, stabilization -has not been .achieved, the 6th WARD DRAINAGE DISTRICT will be responsible for removal of sufficient additional material to achieve bank stabilization.
2.
CHARLES BENOIT shall grade, reshape and slope the bank to achieve a slope no-steeper than a 4:1 ratio but may be steeper if approved by the 6th WARD DRAINAGE DISTRICT engineer at the sole expense of CHARLES BENOIT including all measures for the-stabilization of the remaining- portion of the building nearest Highway 13 and erosion protection. Any damage or loss of the building shall be at the sole risk and -responsibility of - CHARLES BE-NOIT.
3.
CHARLES -BENOIT .shall remove the unstable, portion of the building nearest Highway 13 approximately the .southernmost twenty (20) feet of the building and shall remove all other .structures, including but .not limited to movable trailers, campers, manufactured housing, buildings and the large storage -structure at Avenue M, south of the existing private road. The existing private road may remain in place except as provided below. ..
4.
CHARLES BENOIT shall begin removal of the debris from the channel and north bank within sixty (60).days of the- signing of the Consent Judgment.
5.
-CHARLES BENOIT.shall grant a ¡permanent servitude in favor of the 6th WARD DRAINAGE DISTRICT over and across the property along Bayou Blanc south of his existing private road to the low bank. However, if a portion of the private road is within the area necessary for the servitude and to be determined by the' sloped (a 4:1 ratio), a steeper sloped ratio shall be approved by the consulting engineers, provided CHARLES BENOIT pays all the costs to maintain the private road with ■ a steeper slope ratio, No material whatsoever or any improvements, buildings or structures, including slope protection revetment or retaining walls shall be placed or constructed south of the existing road or 4:1 slope area at any time without the prior written approval of the 6th WARD DRAINAGE DISTRICT.
Jé-
All work, including excavation, removal and disposal of debris, sloping, grading and leveling, shall be completed by CHARLES BENOIT within one year of the date of signing of the Judgment and no debris or material removed from the bank shall remain on- the property except for material which is approved for fill or erosion control material and is leveled to grade.
7.
All work performed shall be subject to the approval and as directed by the 6th WARD DRAINAGE DISTRICT’S consulting engineers.

The record indicates that, following the 2012 judgment, the District repeatedly returned to court seeking Mr. Benoit’s compliance. The District first filed motion for contempt of court in May 2013 and alleged that Mr. Benoit had taken no action in compliance with the Consent Judgment, Following,a hearing, the trial court rendered an August 5, 2013 constructive contempt judgment, sentencing Mr. Benoit to “thirty (30) days in the Parish jajl[.]” However, the trial court ordered that the sen-, tenee be suspended if Mr. Benoit made “significant progress in complying with the requirements of the Consent Judgment” within sixty' days and if he completed “the cleanup process” detailed in the Consent Judgment within one year of the contempt judgment.

However, the District returned to the trial court with the filing of a second Motion for Contempt of Court in January 2014, alleging that Mr. Benoit had “taken no action whatsoever in complying with either the Consent Judgment dated March 14, 2012, or the Judgment On Rule dated August 5, 2013.” The District noted that “[m]ore than sixty (60) days ha[d] transpired since” the trial court’s order to “‘make significant progress in complying with the Consent Judgment.’ ” On July 15, 2014, the trial court issued an Order finding it to be “in the best interest of.the parties to defer sentencing to allow the Defendant/Respondent .to complete . the work in accordance with the Consent Judgment” pursuant to a stipulation reached between the parties. The trial court rescheduled the hearing on the Motion for Contempt and Motion to Enforce Consent Judgment until August 18, 2014. Following a hearing on |4that deferred date, the trial court again found Mr. Be-noit in contempt by judgment signed on October 15, 2014.

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Bluebook (online)
229 So. 3d 590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/6th-wardcrowley-gravity-drainage-district-v-benoit-lactapp-2017.