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ROBERTS v. JEFFERSON PARISH COUNCIL

No. 3931.

235 So.2d 131 (1970)

Bert ROBERTS, d/b/a Piccadilly South Restaurant and Lounge v. JEFFERSON PARISH COUNCIL and Alwynn J. Cronvich, Sheriff of the Parish of Jefferson.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied June 1, 1970.

Attorney(s) appearing for the Case

LeBrun, Karno & Lockhart, Wallace C. LeBrun, Metairie, for plaintiff-appellee.

Louis DeSonier, Jr., Parish Atty., Robert H. Fray, Asst. Parish Atty., for defendants-appellants.

Mmahat, Gagliano & Duffy, Lucas J. Giordano, Metairie, for Danon Development Co. Inc., intervenor-appellee.

Before REGAN, LeSUEUR and SWIFT, JJ.

LeSUEUR, Judge.

Danon Development Co., Inc. constructed and owns the premises at 3939-41 Veterans Memorial Boulevard in Metairie. The area is and has been zoned C-1.

In January of 1967, Danon leased a portion of the building to a tenant planning to operate a restaurant and lounge on the premises. At that time the relevant ordinance defined a restaurant (permitted in a C-1 zoned area) as follows:

"A retail establishment offering food or beverage or...

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