ACORN v. CITY OF NEW ORLEANS

Nos. 11805-11810.

403 So.2d 76 (1981)

ACORN, For Itself and its Members, Paul Cox, Steve Holt, Beulah Labostrie and Brenda Quant v. CITY OF NEW ORLEANS, Ernest Morial, Sidney Barthelemy, Joseph Giarruso, Frank Friedler, Jim Singleton, Mike Early, Brod Bagert, Philip Ciaccio, Erroll Williams and Patrick Koloski. Mrs. Rosemary Bayolo, Wife of and Joseph S. GEECK, Jr. v. Erroll WILLIAMS, Director of Finance of the City of New Orleans, et al. Mrs. Janet, Wife of and Edwin H. HEATON, et al. v. Erroll WILLIAMS, Director of Finance of the City of New Orleans, et al. JACKSON HOMESTEAD ASSOCIATION, Individually, and on Behalf of Others Similarly Situated, and on Behalf of Certain of its Borrowers, and South Pines, Inc., Individually and on Behalf of Others Similarly Situated v. Erroll WILLIAMS, Director of Finance of the City of New Orleans, et al. Louis W. SCHLEKAU v. Erroll WILLIAMS, Director of Finance of the City of New Orleans and the City of New Orleans, Through Hon. Ernest N. Morial, Mayor. Jimmie WALKER, Bertha Rotert, Wife of and Ronald Rotert and Helen Novella v. The CITY OF NEW ORLEANS, Ernest Morial, Frank Friedler, James Giarusso, James Singleton, Brod Bagert, Mike Early and Philip Ciaccio.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 15, 1981.

Writ Granted September 11, 1981.


Attorney(s) appearing for the Case

Alvin R. Childress, III, New Orleans, for Daryl Claire Sins, wife of and Alvin R. Childress, III, and class of plaintiffs.

George W. Gill, Jr., New Orleans, for Louis W. Schlekau, and class of plaintiffs-appellants.

Salvador Anzelmo, City Atty., Galen S. Brown, Deputy City Atty., Marc Shachat, Thomas W. Milliner, Asst. City Atty., New Orleans, for appellees.

Before SAMUEL, GARRISON and BAILES, JJ.


SAMUEL, Judge.

In these consolidated proceedings, the various plaintiffs attack the validity of City of New Orleans Ordinance No. 7011, M.C.S., passed on December 28, 1978 and approved by the Mayor on January 2, 1979, enacting a "road use charge".

The various suits were consolidated and tried together. Thereafter, judgment was rendered upholding the validity and constitutionality of the ordinance. Some of the plaintiffs have appealed.

This is Ordinance...

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