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SMITH v. CITY OF ALEXANDRIA

No. 4665.

300 So.2d 561 (1974)

J. Hampton SMITH, Plaintiff and Appellee, v. CITY OF ALEXANDRIA et al., Defendants and Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied October 10, 1974.

Writs Refused November 27, 1974.

Attorney(s) appearing for the Case

Howard N. Nugent, Jr., Ford & Nugent, Alexandria, for defendant-appellant.

Neblett, Fuhrer & Broussard by Daniel E. Broussard, Jr., Alexandria, for plaintiff-appellee.

Voltz & Ware by W. Miguel Swanwick, Gist, Methvin & Trimble by David A. Hughes, Alexandria, for intervenors-appellees.

Before FRUGÉ, CULPEPPER and WATSON, JJ.

CULPEPPER, Judge.

The plaintiff, J. Hampton Smith, filed this suit against the City of Alexandria and the individual members of the City Council seeking a writ of mandamus ordering defendants to rezone petitioner's property from "B" residential to "C" commercial. In the alternative, plaintiff seeks a declaratory judgment construing the zoning ordinance as allowing an automobile tire sales and service store in a "B" residential district. The district judge denied the...

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