Turner v Murphy Cy Pres Hearing

RE: Turner V Murphy Case No 05 - 4206
CY PRES Settlement Proposal

Honorable Judge Fallon:

It was with the agreement for green space mentioned in the Fairness Hearing that residents sold the square footage of their homes to Murphy Oil in first place. There seems to be no basis to change the agreement now.

Please consider those families who chose not to participate in the voluntary buyout program, as they have little to no representation and everything to lose.

Please consider the health and safety benefits of a true green zone protective buffer, which would have neither trees nor building to provide for an explosion clearance.

The proposed distribution of $5 million considers to include an Item # e Landscaping and Beautification of Our Neighborhoods. The concern is this maybe the same "Plan" residents rejected as presented in the St Bernard Parish Council's buffer zone committee, as it called for industrial and commercial zoning changes to buyout properties, changes to the court ordered buffer for the benefit of Murphy Oil's use as a northside parking lot and a southside incursion into our neighborhood by way of a row of buildings on Jacob Drive South of Judge Perez Drive.

The suggestion in item # e that Murphy Oil landscape the buyout neighborhood by way of industrial and commercial landuse zoning changes, albeit for parking lots and a row of buildings, is a determent to the residents who have returned, provides nothing towards the safety of the community and lowers the buffer, bringing the next explosion that much closer to our homes. Such industrial and commercial use of the buyout properties rewards Murphy Oil with unjust enrichment for an incident of their own negligence.

If Murphy Oil wants to donate funding for healthcare, wetlands or education it would be a much appreciated contribution for the community as a whole without causing individual families the lost of rebuilt homes and lost of an entire neighborhood for others. However, the donation should NOT come from buyout funding because the buyout is not yet complete.

The neighborhoods around Murphy Oil's Louisiana refinery in Meraux have been revitalized since as early as Fall 2005 and are a vibrant part of the Southeast Louisiana community of St Bernard Parish which has experienced rapid repopulation and rebuilding, due to the spirit and commitment of returning residents.

Yet, our soil is still contaminated and most likely unsafe to grow vegetables or fruits and berries.

There is no commitment to preserve the Turner v Murphy settlement agreement for a green space court ordered buffer.

Residents have reported structural damage claims due to the vibrations from malfunctions at the refinery and the air quality and our health and safety have suffered from unauthorized emission releases.

Please keep our neighborhood in mind with these considerations.