Hanks v. Calcasieu Parish Police Jury

479 So. 2d 1010, 1985 La. App. LEXIS 10428
CourtLouisiana Court of Appeal
DecidedDecember 11, 1985
DocketNo. 84-934
StatusPublished
Cited by2 cases

This text of 479 So. 2d 1010 (Hanks v. Calcasieu Parish Police Jury) 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
Hanks v. Calcasieu Parish Police Jury, 479 So. 2d 1010, 1985 La. App. LEXIS 10428 (La. Ct. App. 1985).

Opinion

LABORDE, Judge.

This is an appeal of a flood damage suit instituted by plaintiff-appellant, Ted Hanks, alleging negligence and breach of contract on the part of defendant-appellee, Calcasieu Parish Police Jury, and its insurer, Continental Casualty Company. The trial court found neither negligence nor breach of contract on the part of the Calca-sieu Parish Police Jury. We agree and affirm.

FACTS

In 1977, appellant bought a parcel of land on a canal some two hundred feet (200') from the Calcasieu River near West-lake, Louisiana. He moved a mobile home onto this property and he and his wife took up residence. Mr. Hanks made improvements to the property, most notable being a shed in which he set up a metal fabricating workshop. In May of 1980, the property was inundated by flood waters of the Calcasieu River. The mobile home and the workshop suffered substantial flood damage.

Appellant applied for a Disaster Loan through the United States Small Business Administration (SBA) in the amount of one hundred thousand dollars ($100,000). The initial loan application was turned down. The Hanks then sought and received the assistance of Cecil L. Cain, of the Calcasieu Insurance Agency, in resubmitting the application. On the recommendation of Mr. Cain, the Hanks went to the Calcasieu Parish Administration Building and applied for a development permit from the Department of Licenses and Permits. The federal government requires flood insurance for all SBA loans. Flood insurance may not be obtained without the issuance of a flood zone classification which the Department of Licenses and Permits provides.

On November 14, 1980, Ted Hanks and his wife Caroline Hanks, while at the permit office, spoke to Jackie Bowman, the Parish Permit Coordinator who actually issues the development permits. The Hanks’ permit recites: “A Permit to Remodeling” and is signed J. Bowman, permit officer. The application for the permit recites the proposed use as “Remodeling a Mobile Home into a two story house.” At the bottom of the application, in a space provided “For Office Use Only,” appears “FZ B” (i.e. flood zone “B”). There is no flood zone designation on the permit itself. Appellant paid twenty dollars ($20.00) for the permit.

Appellant and his wife secured the SBA loan just after the 1980 flood. When the [1012]*1012loan funds arrived, Mr. & Mrs. Hanks constructed an entirely new home: a large four (4) bedroom two story brick residence. In May of 1981, flood insurance on the home was obtained through Calcasieu Insurance Company, Mr. Cain’s agency. Later, in 1982, Mrs. Hanks spoke to Pamela Ann Long of Bob McManus Insurance Agency and learned that the house was actually in flood zone “A” rather than “B” as marked on the permit application. Ms. Long further informed Mrs. Hanks that higher premiums would be required unless the house had been elevated to the requisite height. A civil engineer, Mr. William Haymon, was retained to measure the elevation of the house. The elevation of the slab was determined to be 7.5 feet above mean sea level, an inadequate height for a construction in a flood zone “A” area. The Hanks paid the higher premiums and retained the flood insurance.

In December of 1982, the torrents of nature again visited the Hanks. The mischievous tide of the Calcasieu River escaped her banks causing water to enter the Hanks’ residence fourteen to sixteen inches (14"-16") above floor level. They endured the water for four (4) days and when it receded, a disagreeable sludge cleaved to the house. Damage to the property was considerable. It is for this damage that appellant seeks to recover from appellees.

Appellant asserts that the sole proximate cause of the improper flood zone designation was the fault of the Calcasieu Parish Police Jury through its agents in the Department of Licenses and Permits. In turn, appellant asserts that he relied upon the improper flood zone designation to his detriment and, relying solely on the zoning, inadequately elevated the slab to protect his house from flood waters.

Appellant suggests two causes of action which implicate the liability of the Calca-sieu Parish Police Jury: tort and breach of contract. The tort liability arises from the purported negligence of the permit officer in assigning the wrong flood zone designation, thus breaching the duty owed to permit applicants. The breach of contract liability allegedly arises from an implied contract between the Calcasieu Parish Police Jury and the Federal Insurance Administration, making appellant a third party beneficiary thereto. Appellant asserts that the failure of the Parish to properly administer and carry out the obligations under the contract caused appellant’s damage. Specifically, the Parish had a contractual duty to provide appellant with a proper flood zone designation under the implied contract between the Parish of Calcasieu and the Federal Insurance Administration; It is asserted that but for this breach of contract, appellant would have built his house at a higher elevation, or he would not have built a house on the property.

We shall discuss the specifications of error concerning tort liability first, then turn to the specifications of error concerning the alleged stipulation pour autri.

TORT LIABILITY

Appellant’s Specifications Of Error 1-5:

(1) The Trial Court erred as a matter of law in concluding that the duty of the Parish Permit Officer in assigning a flood zone designation was only ministerial.
(2) The Trial Court erred in concluding as a matter of law that the Parish Permit Officer was to make no independent determination of the flood zone designation in the case at bar.
(3) The Trial Court erred as a matter of law in concluding that an applicant has the burden of correcting or challenging the flood zone designation assigned by the Parish Permit Officer.
(4) The Trial Court erred in finding no negligence on the part of the Calca-sieu Parish Police Jury which would be a proximate cause of the damages suffered by plaintiff.
(5) The Trial Court erred in concluding, inter alia, that plaintiff could not rely on the Flood Zone B designation assigned by the Parish and that he should have obtained an independent elevation study.

[1013]*1013Appellant Hanks argues that the trial judge committed error of law. Appel-lees argue that the trial judge correctly resolved the disputed issues of fact. Our Supreme Court ruling in Canter v. Koehring Company, 283 So.2d 716 (La.1973), requires that:

“When there is evidence before the trier of fact which, upon its reasonable evaluation of credibility, furnishes a reasonable factual basis for the trial court’s finding, on review the appellate court should not disturb this factual finding in the absence of manifest error. Stated another way, the reviewing court must give great weight to factual conclusions of the trier of fact; where there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable.”

Id. at 724. We find that the trial court was not only not manifestly in error in resolving the factual issues, but that its conclusions, were eminently correct.

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Related

Smith v. General Motors Acceptance Corp.
542 So. 2d 831 (Louisiana Court of Appeal, 1989)
Hanks v. Calcasieu Parish Police Jury
481 So. 2d 1354 (Supreme Court of Louisiana, 1986)

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Bluebook (online)
479 So. 2d 1010, 1985 La. App. LEXIS 10428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanks-v-calcasieu-parish-police-jury-lactapp-1985.