Judge dismisses lawsuit filed by Alligator Bayou business

A judge dismissed a lawsuit that owners of a tourism business along Alligator Bayou filed against Ascension and Iberville parishes, according to a copy of a summary judgment signed Jan. 25 in 23rd Judicial District Court.

The lawsuit was filed by Frank Bonifay, one of the owners of the Spanish Lake Wildlife Refuge and Botanical Gardens Inc., which ran Alligator Bayou Swamp Tours from 1996 until 2009.

In early 2009, officials of the two parishes decided to open a floodgate that separates Alligator Bayou from Bayou Manchac, and the water levels became too low to operate the swamp tours. Alligator Bayou Swamp Tours went out of business, and Bonifay sued the parishes and the East Ascension Consolidated Gravity Drainage District No. 1.

However, the court found that the parishes were acting within their authority when they opened the floodgate.

“This court does not find that the parishes owed a duty to maintain the artificially high water level of Alligator Bayou, regardless of whether or not a promise was made or inferred to do so,” Judge Thomas Kleibert Jr. wrote in the reasons for judgment. “To the contrary, with regard to the floodgate, the parishes’ duty is to protect its citizens from flooding, as supported by its authority to regulate drainage.”

The judge continued, “Based upon the evidence before this court, it is clear that the parishes’ decision to open the floodgate was directly related to drainage and flood prevention and control. While the loss of the Plaintiff’s eco-tourism business is admittedly a tragic consequence stemming from the opened floodgate, it cannot be said to have been an unforeseeable possibility.”

Efforts to reach Ascension Parish President Tommy Martinez and Bonifay’s attorney for comment late Tuesday were unsuccessful.

Comments

1) Comment by Moderate - 06/02/2013

No, that's not what I'm saying. You've intertwined my arguments. First, they did not charge people to use a public waterway. They charged people to use their land to access the public waterway. If you want to access the public waterway another way, there was not a charge by the Alligator Bayou folks. Second, I think (and I say I think because I don't want to put words into the mouths of Mr. Bonifay and others) that Mr. Bonifay, his business partner, and the employees of Alligator Bayou were passionate about conserving nature, and part of the passion, the majority of it even, came in educating the children and attempting to inspire them to conserve the Louisiana landscape. Perhaps the parishes had the right to drain the bayou. Even if they were well within their rights, I find it terribly unfortunate that such a beautiful local experience was lost as a result, and that hundreds of children will not have the chance to see how great of a place Alligator Bayou truly was. If part of that conservation effort meant charging people to use his land to get to the waterway, and that charge prevented at least some of the non-conservationist people from using the waterway (i.e. litterers, partiers, excessive hunters, etc.), I think their charge to use their land to access the waterway, and to park vehicles while using the waterway, is more than justified. You have a right to say who may and may not go on your land, and you have a right to charge people to use your land. If someone did not like that charge, they could (and did) find other access points.

2) Comment by Whatchange - 06/02/2013

Moderate; so what you are saying is, I can go and pick me out a public waterway or swamp area and as long as I kept it natural, free of litter, partiers, and excessive hunters, preserve the wildlife and, above all else, educate the general public who come, I should have the right to block all public access and charge people to enter said public waterway or swamp. Wow, I know of quite a few places I'm going to lay claim to, one being the Atchafalaya Basin.

3) Comment by Moderate - 06/02/2013

There certainly is no doubt that Mr. Bonifay didn't own the lake, and let's assume, for the sake of argument, that he did "fight" to limit private access to those public waters. My understanding of his reason for doing so more than justifies any counterargument. I think Mr. Bonifay wanted to keep that lake natural, and he wanted to keep litter, partiers, and excessive hunters out. He wanted to preserve the wildlife and, above all else, educate the children who came to Alligator Bayou in the hopes of instilling a conservationist value in them. Or at least some respect for the world around them. Perhaps the dismissal of the suit was in accordance with the law, but the fact of the matter remains that a wonderful, valuable business was destroyed. Many people saw the public tours, but very few saw the day in and day out work it took to keep that place clean, and all of the field trips bringing children to Alligator Bayou, the real heart and soul of Mr. Bonifay, his business partner, and their employees. So, did he fight to limit private access? Maybe. But, he certainly did so for the right reasons. I have every bit of sympathy for those who lost their livelihood as a result of the draining, but people find other jobs and make do with the hands they're dealt. My real sympathy is for the loss of a true gem in the Baton Rouge area, and for the children who will never have the chance to see how special that place truly was.

4) Comment by AnewKINDofFEELIN - 06/02/2013

Mr. Bonifay didn't own the lake or the surrounding property, but he certainly fought to limit private access to those public waters. I have no sympathy for him.