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CITY OF NEW ORLEANS v. STATE

No. 8931.

357 So.2d 81 (1978)

CITY OF NEW ORLEANS and the 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.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 11, 1978.

Writ Granted June 2, 1978.

Attorney(s) appearing for the Case

Philip S. Brooks, City Atty., David S. Cressy, Deputy City Atty., Thomas P. Anzelmo, Sr., Asst. City Atty., for plaintiff-appellant.

William J. Guste, Jr., Atty. Gen., Ronald C. Davis, T. A., Staff Atty., New Orleans, for defendants-appellees.

Before BOUTALL, SCHOTT and GARSAUD, JJ.

GARSAUD, Judge.

Suit was brought by the City of New Orleans and the Department of Safety and Permits against the State of Louisiana, the Louisiana Department of Corrections, and C. Paul Phelps, Director of Corrections, on September 30, 1976, pursuant to R.S. 33:4728, which provides for the enforcement of building and zoning regulations by a municipality. The City sued to enjoin the use of Jackson Barracks by the State Department of Corrections as a prison for the...

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