CITY OF NEW ORLEANS v. STATE

No. 62214.

364 So.2d 1020 (1978)

CITY OF NEW ORLEANS and Department of Safety and Permits, Through its Director, Edward C. Kurtz v. The STATE of Louisiana, the Louisiana Department of Corrections Board of Corrections, and C. Paul Phelps, Director of Corrections.

Supreme Court of Louisiana.

Rehearing Denied December 14, 1978.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Donald B. Ensenat, Asst. Atty. Gen., Ronald C. Davis, Staff Atty., New Orleans, for defendants-applicants.

Donald A. Hoffman, City Atty., Thomas P. Anzelmo, Sr., Asst. City Atty., for plaintiffs-respondents.


SANDERS, Chief Justice.

In this action to enforce its zoning ordinances, the City of New Orleans seeks to enjoin the State of Louisiana from using Jackson Barracks as a prison for the housing and/or treatment of convicted criminals, and from transferring convicted felons under the control of the Department of Corrections to the state-owned facility located at Jackson Barracks. The State filed peremptory exceptions raising prescription and its governmental function...

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