NEW ORLEANS – A Louisiana property owner alleges a local parish wrongly demolished a building and other structures it owns, according to a lawsuit filed in Louisiana federal court last week.
Plaintiff Kendrick Troy Investments LLC filed the lawsuit in the U.S. District Court for the Eastern District of Louisiana May 16. The defendant is St. John the Baptist Parish Government, which is located west of New Orleans.
According to the 13-page filing, the Reserve-based Troy has owned and continues to own a parcel in Garyville consisting of about one-quarter acre.
The property owner said it acquired the parcel for active commercial redevelopment as a 4,000-square-foot sports bar and grill. It contained a cinder block building, “substantial movable equipment,” tools, furnishings and commercial systems – all “purchased and staged for the completion of the ongoing redevelopment,” Troy wrote in its lawsuit.
Troy noted in its filing that it had previously submitted plans and/or applied for permits with the parish for the parcel’s proposed redevelopment.
On, or about, May 31, 2024, Troy Kendrick Jr. learned for the first time – through third-parties – that all of the structures on the property, including the main building, and any furniture and equipment had been demolished, the lawsuit states.
“At the time of the demolition, Defendants had sent no prior notice to plaintiff at plaintiff’s domicile address posted on the website of the Louisiana Secretary of State, or through any other means, or to plaintiff’s posted agent for service of process,” according to the lawsuit.
The property owner, pointing to records obtained from the defendants, contends the parish had been sending notices, service of process, letters and other documents related to its intended demolition to the wrong address.
“In doing so, defendants have physically invaded and damaged portions of the property, and also destroyed all buildings, structures, equipment and appurtenances located thereon, resulting in a taking per se,” Troy wrote in its filing.
According to its lawsuit, the value of the destroyed equipment and furnishings on the parcel total more than $220,000. The items destroyed include bar equipment, kitchen equipment, furniture, electronics and entertainment systems, security systems, construction tools and job-site machinery, inventory and supplies, music and audio equipment, office and administrative equipment, records and legal documents, HVAC and ventilation systems, lighting and ceiling fixtures, restroom fixtures, decor and branding material, outdoor fixtures, and audio-visual infrastructure.
Troy alleges the parish has neither offered nor paid any compensation for any portion of the property taken or for any damages to the property, or for the loss of the equipment and items on the property.
“Through their actions, defendants have destroyed, damaged and/or reduced the value of plaintiff’s property and the property without due process of law and without paying just and adequate compensation,” the property owner wrote in its lawsuit.
Troy argues it has the right to be compensated justly under the Fifth Amendment of the U.S. Constitution, noting the amendment “ensures the rights of property owners to be free from having their property taken without just compensation.”
“Plaintiff has suffered and will continue to suffer damage, as well as economic loss and lost profits, and is therefore entitled to recover for those damages and losses plus interest, from the date of the taking until paid,” the property owner wrote.
“As a result of defendants’ taking, plaintiff’s ability to utilize the remainder of its property and the property has been impaired, and the value of the remainder of its property and the property has been diminished.”
The company alleges the parish is threatening “additional legal proceedings” against it and continues to issue and assess fines and other penalties.
Troy seeks a permanent injunction ordering the parish to cease and desist from any further actions against it, in addition to compensatory and general damages, punitive damages, and attorneys fees.
The Mandeville firm of Milling Benson Woodward LLP is representing Troy in the lawsuit.
