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JAVERS v. COUNCIL OF CITY OF NEW ORLEANS

No. 8803.

351 So.2d 247 (1977)

Morris Lee JAVERS, Jr., Dennis Reed and Genevieve Cole v. COUNCIL OF the CITY OF NEW ORLEANS, Hon. Philip C. Ciaccio, Hon. A. L. Davis, Jr., Hon. Joseph V. DiRosa, Hon. Clarence O. Dupuy, Hon. Frank A. Friedler, Jr., Hon. John D. Lambert, Jr., Hon. James A. Moreau.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 10, 1977.

Attorney(s) appearing for the Case

Charles Patrick Amato, Jr., Jack Mark Stolier and Guy M. Huard, New Orleans, for plaintiffs-appellees.

Arthur L. Ballin, New Orleans, for intervenors-appellants.

Philip S. Brooks, City Atty., and Jacob Taranto, III, Deputy City Atty., for defendants-appellants (Council of the City of New Orleans).

Before STOULIG, BOUTALL and SCHOTT, JJ.

SCHOTT, Judge.

The members of the Council of the City of New Orleans have appealed from a judgment which made peremptory a writ of mandamus compelling the council to submit to the electorate of the City a proposed amendment to the home rule Charter of the City of New Orleans.

The charter contains the following provisions relative to amendments:

"Section 9-201. Method of Amendment. This Charter may be amended or replaced only by the affirmative...

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