The appeal of 16th Judicial District Court Judge Keith Comeaux’s decision against St. Martin Parish in its case against a Lake Martin tour operator was heard
by a three-judge panel of the Third Circuit Court of Appeal last Tuesday, Jan 7.
Lake Martin is a mecca for bird enthusiasts, photographers, paddlers, fishermen, duck hunters and tour operators and is a natural asset with great value in promoting St. Martin Parish tourism, while providing local residents an accessible spot for outdoor activities. It is a vital nesting site for many species of water birds. Before 2016, it was unspoiled by lakeside development.
In 2016, one of the tour operators, Bryan Champagne and the owner of a parcel of land on the lake, took advantage of an errant permit issued for a portable bait shop, and quickly erected a group of permanent structures on the side of the lake in violation of the areas W-2 zoning.
Parish government responded very slowly to the illegal installation. When queried by the Teche News about the Champagne’s operation, then-president Guy Cormier responded “The guy is just trying to make a living.” But Chester Cedars, then the parish legal advisor and now president, voiced strong opposition to the non-compliant business.
The lake is now the center of a legal tug-of-war. Environmental protection groups and Save Lake Martin, a group organized by landowners, have opposed Champagne and the precedent
his actions have set. They want to see the lake restored to an unspoiled condition, protect it as a wildlife habitat, and aid the parish in enforcement of the protective zoning regulations it passed years ago.
In a response to efforts against the operation, the owner of the land, Ron Massicot, fenced off areas previously used as canoe and fishing access.
As Wildlife and Fisheries, the Nature Conservancy and other private and governmental agencies have remained well clear of efforts to protect the lake, the parish has sought remedies in court. But in the first hearing on the issue in 16th Judicial District Court last April, Judge Comeaux sided with Champagne.
Comeaux ruled that Champagne’s rights would be unduly burdened if he were forced to obey parish zoning. In his ruling, he said the zoning regulation was “poor at best.” In May the parish council voted to appeal the decision.
A decision on the appeal is expected to be rendered in about a month.
Lake
