A lawsuit arguing that Lafayette’s City-Parish Council failed to issue proper public notice in creating five new taxing districts appears to be fatally flawed based on its reliance on different state statutes than were used to create the districts.

Lafayette attorney Lane Roy filed suit last week on behalf of a handful of litigants arguing that the council failed the state’s public notice requirements for establishing five new sales tax districts when it approved the creation of the districts at its Dec. 17 meeting.

But the suit cites a public notice requirement for a separate type of economic development district that requires the government notify the public 10 days before holding a public hearing on the districts, which must occur at least 30 days before the districts are created.

LCG’s planned districts rely on a separate part of the law that requires only that the districts’ boundaries be published twice before their creation and that a subsequent public meeting be held before any new tax can be levied, which is currently planned for Feb. 18.

“We’re seeking a declaratory judgement, which is an action in which damages are not sought,” Roy said Tuesday. “If the judge agrees with our position, then what the council has done is not legal. They could do it over again. They could do it over again now, if they wanted to. There’s no prohibition to them.”

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The ordinances that create the districts, but don’t levy the proposed 1% and 2% sales taxes, specifically cite Louisiana Revised Statues 33:9038.32, which typically provides for the creation of TIF districts, but the lawsuit cites a requirement laid out in a different part of the law, La. R.S. 33:9039.104, that governs a different type district.

The outgoing city-parish council will meet on Thursday and Friday to finalize the creation of the five new taxing districts and to officially call for the Feb. 18 public hearing on the proposed taxes, which are currently expected to go into effect in July.

Districts drawn to exclude voters

The planned taxing districts have drawn frequent attention since they were first revealed in late November. Initially, Lafayette's Consolidated Government proposed six districts, each of which would increase sales taxes at business within their boundaries by 1%, except the district that surrounds the old Trappey plant on the Vermilion River, which is set to see a 2% sales tax increase.

More:Mayor-President elect Josh Guillory opposes new Lafayette sales tax districts

The districts include the areas around downtown Lafayette, the University Avenue Gateway, the Holy Rosary Institute, the Northgate Mall and the former Trappey factory near Pinhook Road and the Evangeline Thruway.

The tax districts are drawn to exclude voters registered in their areas who would otherwise be entitled to a vote on the proposed tax increases, prompting critics to call the districts "gerrymandered."

Lafayette Mayor-President elect Josh Guillory voiced his opposition to the new tax districts prior to their adoption on Dec. 17, asking the council to work with him next year to make Lafayette more business-friendly instead.

"What voters get to vote on this? I don't see any," Guillory previously said. "I just don't agree with that. We have other options. Why don't we explore cutting spending? Taxes should be like war. Let that be the last resort."

Opponent: Process was 'inappropriate'

Lafayette businessman Jeremiah Supple, a party to the lawsuit, said when the proposed districts were revealed that the way they were being established was rushed and non-transparent.

“Whether this makes sense or not is not the conversation,” Supple said when the plans were made public in November. “The conversation is that it’s inappropriate the way they’re trying to sneak this in, in the last hour before new council and new administration comes in.”

More:Proposed sales tax districts in Lafayette may allow increased taxes without vote

Ultimately, the council approved five of the districts during its Dec. 17 meeting and dropped plans for the sixth district, which encompassed the area around Acadiana Mall.

The suit was filed by Roy on behalf of Tim and Jeremiah Supple, as well as Keith Kishbaugh, Mark Tolson, Ross Little and conservative radio host Carol Ross.

Roy also represented Kishbaugh in a failed suit filed in April claiming that the city-parish council could not fix errors in Lafayette’s Home Rule Charter by ordinance after the errors were discovered following the approval of a ballot initiative last December that created separate city and parish councils for Lafayette which will take office next week.

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