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Hearing today on hospital land agreement suit
A civil district court could decide this morning whether to allow four New Orleans residents to proceed with a lawsuit claiming that Mayor Ray Nagin exceeded his authority in committing the city to provide land for a federal hospital in lower Mid-City.
The city disputes the plaintiffs' contention that Nagin violated the City Charter when he signed a November 2007 memorandum of understanding with the U.S. Department of Veterans Affairs. Attorneys for the administration also assert that the residents filing the suit have no standing to sue.
A hearing on those questions is set for 10:30 a.m. in front of Judge Ethel Julien. If Julien rejects the city's objections to the suit, the matter will proceed to trial.
The judicial wrangling comes as the state, working on the city's behalf, continues acquisition of the land for a 200-bed veterans hospital to replace the existing VA structure in the downtown medical district. Separately, the state is securing adjacent land for a state medical complex to replace Charity Hospital. The combined footprint is bound by Tulane Avenue, South Rocheblave Street, Canal Street and South Claiborne Street.
If the plaintiffs win the case, it would not derail the federal project but could force the city, state and federal government to retrace some of their steps and potentially force more public hearings.
--- Missing deadline ---
The parties have already effectively acknowledged that the city will not meet the initial Nov. 24 deadline to present the VA with construction-ready land, and documents in the suit refer to ongoing renegotiations of the agreement. It is not clear whether any amendments will free the city from late fines it would pay under the original deal.
The lawsuit does not directly involve the state project. Yet many critics of the plans want the state to gut and rebuild within the existing Charity Hospital building, while using part of the lower footprint for the federal hospital; a delay in either project would be a victory for those pushing alternatives....
