That is the mildest and kindest epitaph that I can manage for Elizabeth Naquin, her Plaquimines attorneys and the incumbent corporations who are pretty obviously paying them off. The only possible purpose for stirring things up right now is to drive up the costs of the bonds that are to be marketed in New York next week. And that is plain, flat, wrong.
According to Kevin Blanchard over at the Advocate the attorneys for Naquin (BS/AT&T and/or Cox?) have shot off emails — to the media — threatening to sue Lafayette at some unspecified future moment over the plan to fund the construction of Lafayette’s fiber network. That plan has already been approved by the court of last resort, the Louisiana Supreme Court, and the objections raised have already been dismissed. Further, according to the Louisiana constitution the bond ordinance becomes immune to challenge when it is validated and that immunity extends to:
“the validity of the . . . means provided for the payment of such bonds and the validity of all pledges of revenues and of all covenants and provisions contained in the instrument or proceedings authorizing or providing for the issuance of such bonds, and as to all matters adjudicated and as to all objections presented or which might have been presented in such proceeding, and shall constitute a permanent injunction against the institution by any person of any action or proceeding contesting the validity of the bonds or any other matter adjudicated or which might have been called in question in such proceedings.” [Legal citation from Ottinger’s press release]
That is pretty conclusive. Let us be very plain: No one and no “thing” can challenge a bond once it has been validated and issued. The constitution is clear; no matter how defective a bond ordinance might prove to be, it cannot be changed after it has been validated and sold. The business plan supporting it is incorporated into the ordinance and becomes a contract with the bond holders. NOTHING can be done to change it. (Even if the court hadn’t already ruled on the question.)
So this is clearly FUD–an attempt to sow Fear, Uncertainty, and Doubt. It cannot be a valid legal objection and would only result in ridicule if actually brought before a court.
The real question is: WHO are they trying to scare now? And the answer is plain: the men who will sit across the table from Lafayette’s representatives setting up the bond sale. They would like to make those men fearful, uncertain, and doubtful. They hope those men will condition the bonds in such a way as to force millions more in interest costs on the people of Lafayette.
That the “lawyers” (aka PR agents for BS/AT&T and/or Cox?) are sending reporters multiple emails with their threatening “news” the week before the Lafayette team is set be in New York setting up the bond sale makes the whole slimy thing disgustingly transparent.
To this point I’ve been willing to do no more than say that Naquin and her attorneys are pretty transparently serving the interests of AT&T (nee BS) and Cox. There is no money in a successful suit for Elizabeth Naquin and very little for her ambulance-chasing “personal injury” lawyers. With the Supreme Court decision they have lost all hope of ever being paid a penny by LUS or LCG on this case. Yet still they spend money on lawyers–money that cannot bring them any return. This has been an expensive lawsuit to carry forward–backed by a team of lawyers from several law firms, none of which are noted for their charity work. Someone is paying for this. Who benefits? Cox and BS/AT&T benefit. Who is hurt? The people of Lafayette.
Naquin is a new resident in Lafayette and clearly not a woman of means. She has been unwilling to make the slightest effort toward explaining to her neighbors why she wants to stand in their way and cost them millions of dollars in extra expenses to implement a decision that the people overwhelmingly approved in an hard-fought election.
This is a case made for investigative journalism. Who is Elizabeth Naquin? Why does she not have the decency to publicly justify the cost she is imposing on her new community. What is her connection with BellSouth and or Cox. What is her work history? When exactly did she move to Lafayette and why? Who is actually paying the expense of this series of lawsuits and threats? Are corporate funds or money from anyone employed by the incumbents involved. Are public relations firms involved in passing money on to its recipients? Which ones? What about Naquin’s repentant ex-ally, Matthew Eastin? Who recruited this student? Where did he get the money to pay his “share” of the expenses while he was involved? Did he pay anything? Was he asked to? How much?
Really…these lawsuits are going to cost the citizens of the community millions of dollars. It is now past the point where there is any possible legal or ethical rationale that could justify the continued legal harassment and hence no conceivable reason to not thoroughly investigate this situation. (Recall the feeding frenzy about much less expensive irregularities at the airport commission?) There is a big story here somewhere; anyone can smell it and the people deserve to know. (ULL journalism students, anyone?)
I’d like to know more–if anyone out there can shed any light on this please let me know. Here or via email.