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HERLITZ v. CITY OF BATON ROUGE

No. 9895.

298 So.2d 140 (1974)

Mrs. Edith A. HERLITZ et al., Plaintiffs-Appellants, v. CITY OF BATON ROUGE et al., Defendants-Appellees.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied August 13, 1974.

Writ Refused October 18, 1974.

Attorney(s) appearing for the Case

Ashton L. Stewart, Baton Rouge, for plaintiffs-appellants.

Joseph F. Keogh, Parish Atty., Edward V. Fetzer, Asst. Parish Atty., James B. Frederick, Jr., Asst. Parish Atty., Baton Rouge, for defendants-appellees.

Before SARTAIN, J., and BAILES and VERON, JJ. Pro Tem.

SARTAIN, Judge.

This suit seeks to permanently enjoin the City of Baton Rouge and the Parish of East Baton Rouge from demolishing an existing section of North Fifth Street adjacent to plaintiffs' land and from constructing a public rest area or "mini-park" where the street formerly was located.

On October 5, 1806, Gilbert Leonard acquired a tract of land in the City of Baton Rouge which when subdivided by him shortly thereafter became known as Gilbert Leonard...

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