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CIVELLO v. SEWERAGE AND WATER BD. OF NEW ORLEANS

No. 8287.

349 So.2d 404 (1977)

Victor W. CIVELLO, Individually and in his capacity as President of the Elysian Fields Civic & Improvement Association and as Representative of the class of all paying customers of the Sewerage and Water Board of New Orleans v. SEWERAGE AND WATER BOARD OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 8, 1977.

Attorney(s) appearing for the Case

Sidney M. Bach, New Orleans, for plaintiffs-appellants, Victor W. Civello, et al.

John A. Gordon, Vincent T. LoCoco and Richard M. Olsen, New Orleans, for defendant-appellee.

Jane Johnson, New Orleans, amicus curiae, for Ass'n of Community Organizations for Reform Now, et als.

James A. Churchill, New Orleans, amicus curiae, for Board of Liquidation, City Debt.

Before SAMUEL, GULOTTA and BOUTALL, JJ.

SAMUEL, Judge.

By this action plaintiff seeks a writ of quo warranto and declaratory relief prohibiting enforcement by the defendant, Sewerage and Water Board of New Orleans (Board), of a 28% water rate increase to private consumers adopted on April 14, 1976. The suit is based on the failure of the Board to obtain prior consent or approval of the Board of Liquidation, City Debt, and the New Orleans City Council.

Following trial, there was judgment in favor...

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