CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS STATE OF LOUISIANA

SAVE OUR WETLANDS, INC. (SOWL) AND NEAL FOY

VERSUS

ORLEANS LEVEE BOARD & GUY LEMIEUX AS PRESIDENT OF THE ORLEANS LEVEE BOARD

INJUNCTION

1. SOWL is a non-profit membership organization. The purpose of SOWL are to explore, enjoy, and preserve the State’s wetlands, estuaries, waterbottoms and wilderness especially Lake Pontchartrain. SOWL, its members and Neal Foy allege they will sustain irreparable injury in face of a legally cognizable interest being threatened and will sustain individualized harm if defendants are permitted to continue their actions. Plaintiffs’ damage by acts of defendants will be direct, economic and permanent. Plaintiffs actually use, enjoy, photograph, fish, hunt and otherwise undertake other activities in the area of construction and in the area to be impacted by impending construction of the hereinafter enumerated projects.
2. Guy LeMieux is President of the OLB. The OLB with Mr. LeMieux as the guiding light is presently in the process of expanding the New Orleans Lakefront Airport. This proposed expansion is termed as Phase I and will illegally terminate or alter approximately 356 acres of lake bottom. The existing airport will be extended lengthwise approximately 1,300 feet resulting in a fill which would extend about 7,300 feet into the lake. If this project continues in violation of the law, plaintiffs will suffer clear and obvious irreparable damage and harm.
3. Louisiana law under Article 16 Section 7 of the 1921 Constitution which was rendered a statute by virtue of Art.14, Sec. 16 of 1974 Constitution and now is found in LRS 38:1235.2, sets down the limitation or “Front line of development” in Lake Pontchartrain upon which the Levee Board cannot exceed.
4. LRS 38:1235.2 Sec. B states: “However, when the board has established and located the front line of the development in the bed of Lake Ponchartrain, including the line or location of piers, breakwaters, or other like extensions, and has sold, leased or otherwise disposed of any land or granted any rights based upon the line or location, or when any party, for a valuable consideration, has acquired rights based upon the line or location, then no further reclamation shall be made or other works constructed by the board beyond the established front line or location in the bed of the lake, and the state of Louisiana shall not itself undertake, authorize, or permit the board or any other governmental agency or any person, association, firm, or corporation whatsoever to reclaim the bed of the lake or any part thereof, or to construct any works thereon within three miles of the front line location as made by the board.”
5. Plaintiffs allege the “front line of development” has been established since approximately 1940, and the present expansion of the Lake Front Airport exceeds the limitations as imposed by LRS 38:1235.2 Sec.B.
6. Furthermore, plaintiffs allege that Art.16 sec. 7 of 1921 Constitution, which has rendered a statute by Art.14 sec.16 of 1974 Constitution and now found in LRS 38:1235 et seq., is subject to 1974 Constitution Art.9 sec.3, which prohibits alienation of Lake Pontchartrain waterbottoms. And the present Phase I Airport Expansion is in violation of law in that approximately 356 acres of Lake Pontchartrain waterbottoms will be illegally alienated in violation of the Louisiana Constitution.
   Wherefore, Plaintiffs pray for an immediate injunction unless they suffer irreparable damage and harm, court costs, attorneys fees and for all equitable relief.