Adam S. Lambert
Attorney at Law

www.Lambert-Law.com

Tel. (504) 433-0289

Email: LSULawyer@aol.com


PENN MILL LAKES
PROPOSED CLASS ACTION

UPDATED 04/13/2017

PATRICIA GRANT, ET AL (PROPOSED CLASS ACTION)
VERSUS
SUN CONSTRUCTION, LLC, ET AL.

22ND JUDICIAL DISTRICT COURT FOR THE PARISH OF ST. TAMMANY
NO. 2008-11536,
DIV. “I

CASE ISSUES & AREAS OF LAW:
Class Action Suits
Property Rights
Subdivision Engineering
Public Corruption
Drainage Issues & Hydrology

NEWS AND EVENTS

  • It appears we will be meeting with homeowners and the HOA to discuss the case on May 25, 2017.  We do not have the exact time or place yet, but it should be in the evening and will likely be at the pool house.  Please check with the HOA directly to confirm the exact date, place, and time.  All homeowners are welcome.

  • We are still eager to talk to anyone in the subdivision who may have information concerning these drainage issues.  If you have experienced any of these issues, or if you have any photos or other evidence of problems in the subdivision (past or present), please contact us and let us know. 

  • We have recently made some administrative changes which we beleive will ultimately allow us to move this case along at a much faster pace moving forward.  Discovery is still ongoing and we are nearing the time when we believe we will be able to finally certify the class and obtain final victory. On a related note, we apologize for the lack of updates recently.  We had problems with our web design software and had to purchase new software.  Expect more regular updates again!

  • We have added the Penn Mill Lakes Homeowner's Association as a client and are working to protect the interests of the HOA (and all of its members) concerning the common area maintenance and the costs imposed on the HOA by the developer and the Parish.  Specifically, we are working to alleviate the burdens associated with the upkeep of the detention ponds in the neighborhood, which the Parish should have accepted into its drainage system years ago.  We are working closely with your HOA and its new management company, Pelican Associate Management, LLC, to bring these issues to a successful conclusion for everyone in the subdivision. We are pleased to advise that the Motion for Summary Judgment filed by the Zurich Insurance Companies, who claimed no coverage under Engineer Cooper's Comprehensive General Liability insurance policy, which contains exclusions for certain professional services, has been denied. 

  • Depositions have begun.  We have already deposed the developer's engineer, Leroy Cooper, and expect to depose the Parish's engineer and other Parish employees very soon.  The defendants have finally begun deposing our clients.  For those of you who have received deposition notices or written discovery questions, please contact Maurice LeGardeur's office as soon as possible!

  • We are still gathering documents, discovery responses, and evidence from all sources.  Thus far, we have gathered about a terabyte of information, which is quite a lot.  We can always use more evidence.  If you have any documents you believe may be of use to us, or other evidence such as photos of flooding near your home, please send it to us!

  • The First Circuit Court of Appeal denied St. Tammany Parish's writ application (appeal) of the Trial Court's denial of their exception of no cause of action, which was based on alleged governmental immunity.  Because the petition alleges intentional acts of public corruption, the Trial Court held, "I find that they [the plaintiffs in this case] have met their burden of stating a valid cause of action."  In a unanimous decision, the First Circuit Court of Appeal agreed.  You can review our opposition to their writ application here and you can read the decision of the First Circuit here.

  • We won approval from the Court for our partial settlement at the fairness hearing held on October 22, 2014.  This related to a partial settlement of the case reached between the parties.  You can read the FAIRNESS HEARING NOTICE HERE.  You can read the motion here.

  • The THIRD AMENDED PETITION has now been filed.  This petition gives even more detail of the allegations and also adds new defendants, including the Parish, a Parish Councilman, and several more insurance companies.  You can read the newest petition by clicking here.

  • We are presently working on a questionnaire to send to homeowners in the subdivision to gather information about any drainage or flooding issues any of you may have experienced, as well as to respond to discovery questions asked by the defendants.  If you would like to be heard, contact Adam Lambert by email and we will add your name to the growing list of homeowners who are interested in this litigation and want to be kept up to date.  You can read the discovery questions sent by the defendants by clicking here.

  • Thank you to everyone who has been sending photos and information about street flooding and drainage issues in the neighborhood.  Keep them coming!

  • The defendants recently attempted to have the case removed to federal court.  We successfully fended off those removal motions and had the case sent back to the district court in Covington, where it belongs.  The trial court is expected to reset discovery cutoff dates soon. 

  •  Quite a bit has been going on recently.  We recently added the Parish as a defendant to the case and have found what we believe is firm evidence that the defendants (including the Parish officials) knew prior to construction that a pump and levee system should have been built to protect the subdivision.

  • You can read the new petition we recently filed by clicking here.  Of particular interest are the letters and emails between the developers and the Parish, which we allege show that everyone was warned about the precise problems now being experienced in the subdivision and were informed that our proposed solution (a pump and levee system) was the correct solution.  The letters and emails are at the end of the petition, pages 21-27 of the PDF file.

  • As part of our process of assessing the amount of damages owed to the class members, we would still like to get in touch with any present or former homeowner who is in any of the following groups. PLEASE CONTACT US IF YOU OR ANYONE YOU KNOW ARE IN ANY OF THESE TWO GROUPS OF PERSONS:

  1. Anyone who has re-sold a home in Penn Mill Lakes Subdivision.

  2. Anyone who has purchased a home in Penn Mill Lakes Subdivision from a previous homeowner (i.e., not directly from the developers).

ABOUT THE CASE

  • The petition alleges that purchasers of property in a newly-built subdivision suffered serious drainage issues which impeded access to their homes and affected their property values. We believe that discovery has shown that the defendants had knowledge of these issues beforehand, but apparently chose to ignore them.

  • Mr. Lambert, along with his co-counsel, Maurice LeGardeur, filed suit on behalf of all of the homeowners in the subdivision to compel the subdivision developers and the Parish to remedy the drainage issues and restore the plaintiffs’ property to full use.

  • The class has not yet been certified and we are still looking to speak with anyone who was or is a homeowner in the Penn Mill Lakes Subdivision.

  • We have received several emails from homeowners in the subdivision regarding the drainage issues on their property. We are pleased that homeowners are checking the website and keeping us informed. The information and support you have provided has been invaluable to us. Remember that this is YOUR suit and we are fighting for YOUR property. Your assistance and input is necessary, welcomed, and much appreciated.

  • IF YOU ARE A PRESENT OR PAST HOMEOWNER IN THE PENN MILL LAKES SUBDIVISION, PLEASE CLICK HERE TO CONTACT MR. LAMBERT ABOUT THIS CASE.

PLEADINGS & ORDERS OF THE COURT

  •  Read the Petition in its present form by clicking here.

  • Read the defendants' discovery requests by clicking here.

 

 

 

 

 

IMPORTANT INFORMATION ABOUT REPRESENTATION AND THIS SITE. PLEASE READ!

Simply reading this site, emailing Mr. Lambert, contacting Mr. Lambert, or providing information to Mr. Lambert or the other attorneys involved in this case DOES NOT create an attorney-client relationship.  Adam Lambert does not represent clients without a written contract. The requests for information from homeowners in the Penn Mill Lakes Subdivision are not solicitations from Mr. Lambert for clients and are not advertisements for Mr. Lambert's legal services. The purpose of the information set forth herein is to keep potential class members informed of the goings on in the case. The purpose of the requests for information set forth herein is to obtain information for the named plaintiffs and the proposed class action. However, unless and until the class is certified by the Court, Mr. Lambert and the other attorneys representing the named plaintiffs represent only those named plaintiffs. In short, Mr. Lambert and his co-counsel don't represent all of the potential class members unless and until the Court says we do. Even if/when that occurs, any class member (or potential class member) is always free to use any attorney they like.