You Can’t Make This Stuff Up If You Tried. It is really Sad !!!!!
In the Gazette today, September 24th, there was an article about a recent legal position issued by the administration. Attached is a reproduction of that article. Also attached is a copy of the legal “memo” circulated by lil Amos.
Here are my observations and comments on the legal “memo” and the story, in no particular order:
(1) INTRODUCTION: While the memo and story are convoluted, to paraphrase (and as per the Gazette): Judge Clement apparently made a ruling in the Royal Bakery case (yes – one of the 4 lawsuits) that said as per the charter, before the President can file a lawsuit, he needs express, clear approval from the Parish Council. So lil Amos and his attorneys have now publicized that even though the ruling is erroneous, in their opinion, the threat or possibility that Plaquemines Parish does not own the facilities at the old State School is so real that they should stop all work going on there until Judge Clement’s ruling is either reversed or affirmed. Apparently, there was litigation over the ownership of the property – the Plaquemines Parish Government won the case years ago – there is a final judgment – Plaquemines Parish Government v. Schenck – Docket No. 59-006 – rendered by none other than Judge Clement himself!
In the article, Peter Barbee, lead Parish attorney working under lil Amos, also commented that they were already drawing up the papers “to challenge the Plaquemines Port Harbor & Terminal District’s status as a government entity separate from the parish due to Clement’s ruling.” TRANSLATION – ANOTHER LAWSUIT – FROM LIL AMOS? SHOCKING!
(2) If lil Amos had kept his word on his campaign pledge to “get up to date on the litigation” and do the “cost-benefit analysis”, the 4 lawsuits would have been dismissed, the ruling issued by Judge Clement would never have happened, and this would not be an issue today. Remember – lil Amos’ actions or inactions today – usually based on the personal agenda of Amos Cormier – can have unintended and unforeseen bad consequences tomorrow.
(3) The memo and related comments contain Amos’s shot at various targets on his personal agenda – he attacks Judge Clement on his “erroneous ruling.” He gets to tell Charles Ballay – again – “No building for you”. He possibly gets to delay/excuse his move? And he gets to take his shot at the Plaquemines Port. We all know about his war with the DA. We all know that he does not want to move. And in recent court filings, he has filed a Motion to Remove Judge Clement from one of his cases and cited the history of litigation between the two as a reason. And we all know he regularly criticizes the port and has said: “he could do a better job than the current port director Sandy Sanders”.
(4) Is the position in the Memo legally sound?
I have spoken with my many attorney friends and they say without question title to the property is not in jeopardy and that comparing the Schenck case to the Royal Bakery case is apples to oranges. Some differences? The Schenk case resulted in a final judgment – if there was any issue of the authority of the PPG to bring the suit, the defendant would have had to raise the issue before the judgment – like Scott Lott did in the Royal Bakery case. Also, the council actually passed a resolution withdrawing its authorization in the Royal Bakery case. Finally, the PPG has accepted the benefits of winning the Schenck case – so my lawyer friends tell me they tacitly ratified the filing of the suit.
Again – this is all legal mumbo jumbo to me – but it makes good old fashioned common sense.
And so far lil Amos is like what – 0 for 30 on lawsuits so far? So does anyone actually believe or trust the legal advice coming from lil Amos and the administration?
(5) From the face of the memo itself it appears that somewhere between 2 to 3 minutes of thought went into drafting it. The most disturbing thing to me about the memo and the story are the drastic consequences that lil Amos’s actions could have on our Parish. Consider the following questions: If lil Amos – the highest elected official in Parish Government – believes that title to the old State School property is in jeopardy such that he stops all work there, what does that do to the Parish’s balance sheet? Does the auditor have to footnote the liability? Or worse, write down the assets? What about the Parish’s credit rating? Effect on our bond agreements if this major asset of the Parish is in jeopardy? Again, why on earth would anyone advertise this? Political gain? What will it tell those Companies who are currently working with our Port if lil Amos sues and embroils him and our Port in a legal controversy? Will those businesses want to stay and do business here? Will ANY business want to do business here? More newspaper stories about yet another ridiculous lawsuit? More laughter coming from the rest of the state about our Parish President?
So what have we learned today? Lil Amos acts on impulse and out of revenge – insecurity – whatever you want to call it. Think about it – he is taking a legal position that (although incorrect) if he believes his own BS – then his legal position actually calls into question the financial stability of the entire parish. So is he really going to litigate and try a hostile takeover of the Port even if it means losing the entirety of the State School property?
The next time you see LIl Amos, ask him that if he is successful in taking over the Port on the basis of Judge Clement’s ruling, what is the plan for the Parish to handle the $50 million loss of the State School property?
PLEASE, GENTLE READER, PLEASE – TELL ME THAT YOU CAN SEE THAT HIS BEHAVIOR IS DANGEROUS AND DETRIMENTAL TO THE PARISH.
ON NOVEMBER 6, PLEASE VOTE FOR ANYBODY BUT AMOS. Plaquemines Parish We Deserve Better than Amos
Attached is the copy of the article from the Plaquemines Gazette and Memo that Amos sent out last week.