Attorney appeals ruling to fix charter amendment by ordinance

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Attorney Lane Roy represents the Lafayette Parish residents who disagree with the district judge’s ruling that the LCG Home Rule Charter amendment mistakes can be fixed by ordinance.

Attorney Roy says he filed an appeal on behalf of his client on Tuesday. “The statue and the state constiution don’t have intent as part of the criteria for violation of that constitution; and the judge finding intent was a requirement I think is a legal wrong,” Roy said.

Roy explans the judges in Lake Charles will hear the case as though it was the original court hearing by reviewing records and deciding what they believe is correct. “I believe the court of appeal will call us and select argument dates on it; because of the fact that we got something that needs to be taken care of right away,” Roy said.

An election needs to be held to seat the new council members to satisfy the voter approved charter toi separate the council into two bodies.

If an appeal court rules against the ordinance fix, then an election for a new council could be put on hold.

“People are passionate about their position on their side; just as we are in favor of it,” Attorney Travis Broussard represents residents who support the ordinance fix.

Attorney Broussard says his clients agree and support Judge Trahan’s ruling. “We do believe he has a sound ruling and it will be upheld.”

Broussard says the judge had to take into account that there was no ‘intent’ to do wrong. To do otherwise would be absurd, he says. 

“You would have to believe that what was intended was for precincts to be left our and some precincts to be able to vote more than once; and that leads to absurd consequences.  So certainly you have to look at intent,” Broussard noted.

A hearing date for the appeal has to be scheduled.

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