Berwick council stands behind decision on new subdivision

BERWICK — A recent lawsuit by a local landowner seeking to reverse the actions of the Berwick Town Council in approving engineering and subdivision plans for an adjacent landowner has not stopped the Town Council from moving forward with an ordinance that tidies up any potential issues with the subdivision.
Cajun Sunrise LLC, owned by David Webster of Morgan City, filed suit against the town in 16th Judicial District Court on April 23, seeking to overturn the town’s approval of engineering and design plans for Atchafalaya River Estates.
Atchafalaya River Estates is located at 400 Fairview Drive adjacent to Cajun Sunrise’s property.
The suit lists Dr. Natchez N. “Trey” Morice, Jennifer Spitale Morice, Louis Spitale, Stacy Spitale, Sidney Roy and Mary Gail Roy as members of Atchafalaya River Estates LLC.
In the suit, Cajun Sunrise argues that the engineering and property plans approved a month earlier at a special March 24 council meeting were “contrary to certain terms and provisions of the Town of Berwick’s Code of Ordinances, and particularly its Subdivision Ordinance and other agreements between the Town of Berwick and Atchafalaya River Estates, LLC.”
Cajun Sunrise also asked the court to examine “the actions of the town in demanding” that Atchafalaya River Estates make changes to Cajun Sunrise’s property without seeking Cajun Sunrise’s written permission. The measure, Cajun Sunrise said, has caused a lot of damage to its property.
During Tuesday’s monthly meeting, the town council introduced an ordinance that “modifies, adds to and supersedes any provisions in any subdivision regulation or other ordinance that prevents or defeats approval of Atchafalaya River Estates subdivision,” according to the town council agenda. The goal is to fix any “defects,” if they are present, in the approval of the tract of land where 41 houses are planned.
The council voted 4-0 to introduce it. Councilman Kevin Hebert abstained from voting. Hebert said at the March 24 meeting where the final plan and engineering were approved that he abstained from discussion because he owns adjacent property to Webster and his company does business with Webster’s.
A public hearing will be held at the June 8 council meeting, and the ordinance will be considered for adoption.
Berwick Mayor Duval Arthur said after the meeting that the ordinance introduced Tuesday was something that had been discussed before the subdivision was given final approval by the town.
“It’s just as a safety precaution so we won’t have these kinds of problems in the future,” he said. “This subdivision was very difficult, took a long time to get it approved, had a lot of requirements that you have to meet when you are doing things with (the Lower Atchafalaya River) or a body of water.”
The 71-page suit features 16 exhibits, which include an assortment of emails between the project’s engineering firm, town officials, Webster and Morice and attorneys for Cajun Sunrise and Atchafalaya River Estates.
Arthur said the town has no comment on the lawsuit.
“We’re disappointed,” Arthur said, “but that’s everybody’s right to do that. So we have representation, and we’re going to do everything we can to win this.”
Cajun Sunrise contends that when Atchafalaya River Estates excavated the west drainage ditch for its property, it did not follow the approved plan it had submitted. The portion of the west drainage ditch nearest its meeting of the Lower Atchafalaya River was put entirely on Webster’s property without written consent from Webster.
Webster told Morice in a June 27, 2018, email that “[he was] trying to work on a written agreement to make things formal but it is going slow.” When the ditch was dug in the summer of 2018, it was a minimum of 20 feet on Webster’s property, the suit said.
Morice said at the March 24 meeting that there was an email with Cajun Sunrise LLC with an agreement for the work to be done, but Cajun Sunrise attorney Justin B. Schmidt said at the time emails only discussed “a working agreement” Atchafalaya River Estates would send them. Schmidt said nothing was ever sent.
“I would just like to say that there are obviously some issues that involve the Websters and their corporations and our corporation, Atchafalaya River Estates. … I disagree with most of what Mr. Justin has said,” Morice told the council at the March 24 meeting.
In maintenance agreement signed by Morice related to the subdivision, it said that the town is not liable for damage to any other property.
Arthur said whatever is done on Cajun Sunrise’s property is between those property owners.
“Any property owner out there can go and cut down a tree, dig a ditch on somebody’s property, but that’s between them. … I don’t know why involve the (town) in it when we don’t have any involvement in it,” Arthur said. “They brought a subdivision to us, we approved everything that was on the boundary lines of the subdivision. We didn’t approve anything on anybody else’s property.”
In the lawsuit, Cajun Sunrise also seeks additional public records from the town it has not received related to the subdivision be released for Cajun Sunrise to use in its case. Those include the Berwick Planning Commission’s March 3 meeting minutes or audio recording as well as the town council’s March 9 meeting and its March 24 meeting.
Cajun Sunrise also is seeking “all equitable relief” and payment of court costs and attorney fees.