The court hearing in New Orleans Civil Court scheduled for January 6th at 10am (discussed here) has been cancelled. The lawsuit will now be heard in Federal Court,. A date and time has yet to be scheduled.  The injunction halting the demolitions remains.

City Seeks To Move Suit To Raze Homes Without Owner Consent

NEW ORLEANS -- A Friday hearing on whether New Orleans can raze homes and businesses without the consent of owners was delayed on Wednesday after the city tried to get the suit moved to federal court.

City officials said the issues raised in the suit are more appropriate for federal court.

But Bill Quigley, a Loyola University School of Law professor and the plaintiffs' lawyer, calls the city's attempt to move the suit from state court a delaying tactic.

Community groups and activists filed a lawsuit last month to stop the city from proceeding with plans to demolish buildings without court hearings or an owner's consent.

City officials said they wanted to raze about 2,500 buildings that inspectors found to be too rickety and damaged to allow to stand much longer. The city claims it has the authority to raze the buildings without owners' approval or a court order because the structures pose an imminent threat.

But the plaintiffs argue that Mayor Ray Nagin is overstepping his powers and would violate federal and state laws by carrying out the demolition plan.

The plaintiffs also charge that the inspection process that determined which buildings are unsafe was flawed.

To view the online report please click on the following link:

City Seeks To Move Suit To Raze Homes Without Owner Consent