An attorney who recently penned a letter to the Livingston Parish Council threatening legal action if officials did not repeal a district’s zoning map revealed one of his clients as the developer of Deer Run, a large subdivision proposal that residents have vehemently protested.
Deer Run, an expansive 2,000-lot subdivision slated for 4-H Club Road across from Hillon Hood Road, has loomed large in the parish development battles over the past year. Located in the Denham Springs area, the neighborhood is proposed for a community that has seen a burst of new construction in recent months.
In a Tuesday evening meeting of the parish ordinance committee, Tom Easterly, an attorney with the Taylor Porter law firm who recently sent a letter to the council suggesting it had violated state and local laws when enacting its zoning maps, said publicly that he represented Ascension Properties. And Deer Run, the lawyer added, was directly impacted by the zoning changes that could upend the developer’s plans.
“Enough is enough,” said Clint Harris, a resident who spoke at the meeting. “How long are we going to fight Deer Run?”
‘Very unfair’
On April 21, Easterly contacted the council on behalf of unnamed clients who own property in the parish to demand it revoke the zoning ordinance for District 5, which encompasses the Denham Springs area experiencing a development boom.
While Easterly argued in the letter that the council failed to follow proper procedures when approving the district’s zoning ordinance, he clarified on Tuesday that his main concern was a map change that specifically impacted the Deer Run land.
“That zoning map for District 5 purports to zone the property that my client has an interest in, in a manner that is different than what was approved through the approval of the preliminary plat,” he said.
He added that he views the preliminary plat approval as “a quasi contract with the developer,” which “basically operates to turn that developer loose to go spend a lot of money and do studies and work toward getting the property developed in accordance with the approvals that were obtained.”
Ascension Properties, accordingly, has spent a lot of money following the approvals from the council and the planning and zoning commission, Easterly said.
“To turn around and zone that property in a different manner, that seems to be very unfair, particularly if the goal at the end of that process is to deny my client the permit for construction or to deny him the right to move forward with that development after it was obtained through appropriate channels,” he said.
Skepticism and concessions
Some on the ordinance committee, such as council member Shane Mack, appeared hesitant to grant Easterly his version of events.
Mack emphasized the parish council had set its sights on zoning for the past couple of years, so forthcoming changes should not have been a surprise for area developers. And if there is a change in a development proposal, the plan will have to be resubmitted and then abide by new laws passed that more strictly control how builders can proceed with a project.
Deer Run is appearing before the parish planning and zoning commission on Thursday to present a second preliminary plat.
“We have no intention of rescinding any existing zoning maps,” Mack added.
Council member Maurice “Scooter” Keen, who was not present at the meeting, had suggested members revoke the four zoning maps that had been passed — not just for District 5 — in a bid to restart the process and follow state and local laws.
Parish President Layton Ricks has said he believes Easterly is correct in his assessment of the council’s flawed zoning process, and the body should consider how to address that.
As the council members discussed possibly contracting with planning and legal experts as they move forward with zoning, Easterly suggested a quicker solution.
“Right now, I’m standing up here, and principally I represent the proposed developer of Deer Run,” Easterly said. “If that property is zoned in the manner that is consistent with that preliminary plat…[then] I’m going to go away quietly.”
No decisions were made concerning Easterly’s proposal, though the council members continued to discuss asking for outside help and opened a new conversation about a potential development moratorium that would last longer than the one passed in 2022.
Holly Clark, another resident, said during public comment that she and others in the community have constantly asked the council for help to control development.
“We do want our area to grow, but there are so many issues that we have that need to be addressed first,” she said.
Harris, who has been one of the louder voices opposing Deer Run, told the council that residents were not done fighting.
“The lawyer said that if we cower down and do what he wants to do, that he will quietly go away,” Harris said. “Well, we will never quietly go away.”
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