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CLARCO PIPELINE CO. v. PARISH OF EAST BATON ROUGE

No. 13085.

383 So.2d 1296 (1980)

CLARCO PIPELINE COMPANY v. PARISH OF EAST BATON ROUGE et al.

Court of Appeal of Louisiana, First Circuit.

February 25, 1980.

Attorney(s) appearing for the Case

Tom F. Phillips, Warren L. Mengis, Baton Rouge, for plaintiff-appellee Clarco Pipeline Company.

Joseph F. Keogh, James J. Zito, Walter R. Monsour, Jr., Charles Raymond, Baton Rouge, for defendants-appellants Parish of East Baton Rouge and City of Baton Rouge.

Before ELLIS, CHIASSON and PONDER, JJ.

PONDER, J.

Defendants appealed the judgment directing defendants to issue a permit for the construction of an oil storage tank.

The issues are: (1) propriety of mandamus (2) prematurity

(3) right of lessee to rebuild if the lease has been breached

(4) effect of ordinances placing conditions on issuance of the permit.

We reverse.

The City of Baton Rouge leased to plaintiff land on which the latter built...

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