WESTSIDE LBR. & SUPPLY v. PAR. OF JEFFERSON

No. 9424.

357 So.2d 1384 (1978)

WESTSIDE LUMBER AND SUPPLY CO., INC. v. PARISH OF JEFFERSON and the Parish Council of Jefferson Parish.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 10, 1978.


Attorney(s) appearing for the Case

Lester J. Waldmann, New Orleans, for relator.

Craig J. Cimo, Gretna, for respondent.

Before REDMANN, BEER and BAILES, JJ.


REDMANN, Judge.

We granted certiorari to review, and we now reverse, a ruling that evidence to show arbitrariness of a parish zoning ordinance (and its consequent unenforceability) is inadmissible in a district court proceeding unless the evidence was presented before the parochial legislative authority in an effort to have that authority amend the ordinance to cure the arbitrary provision.

The trial judge reasoned that:

the function of . . . the...

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