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GARDEN DISTRICT ASSOCIATION v. CITY OF NEW ORLEANS

No. 4184.

238 So.2d 267 (1970)

GARDEN DISTRICT ASSOCIATION v. CITY OF NEW ORLEANS, Through the Honorable Victor H. Schiro, Mayor, the Department of Safety and Permits, Through the Honorable Albert G. Wyler— Director, and the Board of Zoning Adjustments Through the Honorable Claude J. Kelly—Chairman and Messrs. Calvin J. Ferran, William C. Osborne, Jr., C. E. Simmons and David A. Kraus.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied August 20, 1970.

Writ Refused October 7, 1970.

Attorney(s) appearing for the Case

McLoughlin, Barranger, West, Provosty & Melancon, Lloyd C. Melancon, New Orleans, for plaintiff-appellant.

Blake G. Arata, City Atty., and Posey R. Bowers, Asst. City Atty., for respondents-appellees.

Stone, Pigman, Walther, Wittmann & Hutchinson, David Stone, New Orleans, for intervenor-appellee.

Before SAMUEL, CHASEZ and LeSUEUR, JJ.

SAMUEL, Judge.

The Protestant Home for Babies, an adoption agency licensed to perform childplacing functions by the Louisiana Department of Public Welfare, owns and operates a nursery at 1233 Eighth Street in the Garden District of the City of New Orleans and a maternity residence for unwed mothers on property adjoining the nursery. The operation is a legal, non-conforming use in a district zoned "B-2 Family" under the present zoning ordinance, the Comprehensive Zoning...

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