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Lawyers fail to recognize a vessel
There was a riverboat casino called Bally’s tied up the the dock at the South Shore Harbor marina on Lake Pontchartrain in eastern New Orleans. It was there long time before tornado Katrina came to these placesThe combination of storm surge and wind knocked the old girl around and sent her off to dry dock for repairs. Now here’s the funny thing. While repair were under way, the Orleans Levee District sent in the bailiffs to seize her for non-payment of rent. And again claims are growing upwards. By the time they’d finished, the claim for rent was $20.6m, there were “fees” of $1.6m, and a repair bill of $1.5m - the riverboat knocked into the marina dock and did some damage. So the owners sold the riverboat (always sell your assets when sued). It’s renamed the Amanda Belle and up at Bayou Boeuf in St. Mary Parish. But on July 25 the 11th U.S. Circuit Court of Appeals rejected the case. The judges offered the insight that a riverboat is a “vessel”, but the lease contract was sighned for buildings. Without a maritime lease, there was no cause of action. Attention all lawyers. Anything that floats is a ship, OK!
