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Gordon Plaza residents file suit over $75 million in unpaid judgments | wwltv.com
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Gordon Plaza residents file suit over $75 million in unpaid judgments | wwltv.com.Residents and former property owners who won longstanding court judgments tied to the Agriculture Street Landfill and Gordon Plaza litigation have filed a new federal lawsuit accusing the City of New Orleans and the Orleans Parish School Board of violating their constitutional rights by failing to pay decades-old judgments while pursuing other financial commitments.The lawsuit, filed in U.S.District Court for the Eastern District of Louisiana, alleges city officials are selectively prioritizing newer financial obligations and settlement agreements while leaving older court-ordered debts unpaid.Plaintiffs argue the practice violates the Equal Protection Clause of the Fourteenth Amendment.The suit names the City of New Orleans, Mayor Helena Moreno in her official capacity, the New Orleans City Council, the Orleans Parish School Board and school board members in their official capacities.The plaintiffs are judgment creditors from the decades-long Agriculture Street Landfill litigation, which stemmed from government decisions to build homes and a school on top of a former municipal landfill later found to be contaminated.Residents alleged they suffered property losses, emotional distress and other damages after living on the site.A state court judgment signed in 2006 found the City of New Orleans, the Housing Authority of New Orleans and the Orleans Parish School Board liable for damages associated with the landfill development.The court concluded the city was negligent in converting the former landfill into a residential neighborhood and found the site to be "unreasonably dangerous." In the new federal complaint, plaintiffs contend that despite obtaining final judgments years ago, many creditors remain unpaid.The lawsuit notes that some class representatives and elderly plaintiffs have died while waiting for compensation.The complaint points to a proposed financial arrangement between the city and the Orleans Parish School Board that reportedly includes millions of dollars in payments and future financial commitments.Plaintiffs argue that if those payments move forward while older judgments remain unpaid, the city may be treating similarly situated creditors differently without a rational basis.Attorneys for the plaintiffs cite a 2018 federal court ruling, Davis v.Cantrell, which recognized that municipalities may face constitutional challenges if they pay some judgment creditors while bypassing others without a legitimate reason.The lawsuit does not seek to force the city or school board to appropriate funds.Instead, it asks the court to declare any arbitrary payment prioritization unconstitutional, prohibit discriminatory payment practices and require greater transparency regarding how municipal judgments and settlements are paid.Plaintiffs are also seeking compensatory damages, attorneys' fees and other relief under federal civil rights law.The City of New Orleans and Orleans Parish School Board had not filed responses to the lawsuit at the time of the filing.