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FULLER v. CITY OF NEW ORLEANS, DEPT. OF SAFETY & PER.

No. 6783.

311 So.2d 466 (1975)

Melvin E. FULLER, d/b/a Morris Play Bar v. CITY OF NEW ORLEANS, DEPARTMENT OF SAFETY AND PERMITS, BUILDING INSPECTION AND PERMITS, Frank E. Robin, Director.

Court of Appeal of Louisiana, Fourth Circuit.

April 15, 1975.

Attorney(s) appearing for the Case

Constant G. Marquer, Jr., New Orleans, for plaintiff-appellant.

Blake G. Arata, City Atty., Joseph E. Berrigan, Jr., Asst. City Atty., for defendants-appellees.

Before SAMUEL, LEMMON and BOUTALL, JJ.

LEMMON, Judge.

The sole issue in this case is whether that portion of a building, previously used for nonconforming purposes, remained vacant within the contemplation of the Comprehensive Zoning Ordinance of the City of New Orleans for a continuous period of six months and thus could no longer be used except in conformity with the district zoning.1

About January, 1974 Morris Kirshner, owner of the immovable property, leased the...

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