Casino operator loses appeal

St. Martinville – On Tuesday, Aug 9, 16th Judicial District Court Judge Curtis Sigur ruled against Breaux Bridge Land Investment, LLC in its appeal of a St. Martin Parish Planning and Zoning Board decision.
The company sought permission to operate more than three video poker machines at a truck stop casino at 1898 Mills Ave./La. 94 near Breaux Bridge. Parish zoning ordinances governing the operation of such casinos place a limit of three machines in business within one mile of “prohibited properties.”
Prohibited properties include schools, residences and certain others. There are such properties within one mile of the location in question, so Planning and Zoning denied the requested variance.
Attorney Randy Angelle, representing Breaux Bridge Land Investment, sought a “Writ of Mandamus” ordering that a zoning approval letter be submitted by the parish. The state gaming board requires such a letter for the permitting of any casino.
A Writ of Mandamus is a court order requiring a subordinate public authority to perform an act that it is required under the law to do. Angelle maintained that St. Martin Parish was only permitted to make a recommendation according to the broad zoning classification of the site, and not applicable siting restrictions. He maintained that issuance of the letter is a “ministerial” act that involves, he said, “no element of discretion” on the part of the parish
Assistant District Attorney Andy Shealy maintained that the zoning board is not required to issue a letter for an owner to operate a business that is out of compliance with parish ordinances. The parish, he said, is obligated to make a determination of the legality of the proposed use. That is the reason, he said, that the state requires the letter.
Judge Sigur ruled that the parish is correct and the ruling of the zoning board is discretionary, not ministerial. If it reopens, the casino can operate with no more than three poker machines.