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STATE EX REL. KORNS v. BOARD OF ZON. ADJ. OF CITY OF NEW ORLEANS

No. 3609.

223 So.2d 505 (1969)

STATE of Louisiana ex rel. Louise S. KORNS v. The BOARD OF ZONING ADJUSTMENTS OF the CITY OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied June 2, 1969.

Attorney(s) appearing for the Case

Jorda S. Derbes, New Orleans, for Louise S. Korns, appellant.

Louise S. Korns, New Orleans, for intervenors-appellants.

L. M. Lamar, New Orleans, for Uptown Civic Ass'n, amicus curiae.

John M. Coxe for Lower Garden District Protective Ass'n., amicus curiae.

John W. Ormond, New Orleans, for Crescent Council of Civic Ass'n, amicus curiae.

Claude Kohler for Peniston-General Taylor Ass'n, amicus curiae.

Alvin J. Liska, Posey R. Bowers, New Orleans, for appellees.

Leonard B. Levy, Morris Wright, Stephen B. Lemann, Albert Mintz, Walter M. Barnett, Harold B. Carter, Jr., New Orleans, for intervenor-appellee.

Before HALL, GARDINER and LeSUEUR, JJ.

LeSUEUR, Judge.

The facts pertinent to this litigation are as follows:

During the summer of 1968, Freret and Wolf, architects for Touro Infirmary ("Touro") applied to the Director of the Department of Safety and Permits of the City of New Orleans for a building permit to erect a Community Mental Health Center on Touro's property at 3500 Chestnut Street. The permit was denied because the property was zoned M-1 with a height limitation of 35 feet and a prescribed...

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