Rowanoak Development files Petition for Writ of Mandamus against City of Natchitoches
Counsel for ROWANOAK DEVELOPMENT LLC filed a Petition for Writ of Mandamus against the City of Natchitoches on Spet. 27 asking the court to order the City, specifically its Planning and Zoning Commission, to accept the preliminary plats for the proposed Glendale Subdivision sought to be built by Rowanoak in the approximately 12.5 undeveloped acres located immediately east of St. Mary and Weaver Schools and north of St. Maurice Lane.
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This comes on the heels of the denial of the project application by the Planning and Zoning Commission at an Aug. 10 meeting. An appeal was brought before the City Council on Sept. 14, but the Council upheld the Commission’s decision to deny the application.
The Petition for Writ filed with the court states that under the Subdivision Regulations of the Natchitoches Code of Ordinances, if a preliminary plat of a proposed subdivision is compliant with all parish procedures and plat requirements, then “the Planning Commission will grant preliminary approval of the subdivision.”
Rowanoak alleges that at its Aug. 10 meeting the Commission, without reason, denied or withheld approval of what the Commission announced was a compliant preliminary plat thus violating the ordinance.
“The commission members were biased and/or succumbed to the pressure of local opposition…the Commission has not and cannot offer any legitimate, legally-valid reason for its decision to deny approval,” claims Rowanoak. By doing so, “the Commission violated its ministerial duty imposed under the Subdivision Regulations.”
A petition for writ of mandamus is used to compel a public servant to perform his or her duty as required by law. A hearing is scheduled for Thursday, Oct. 7.