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SCHMITT v. CITY OF NEW ORLEANS

No. CA-3007.

461 So.2d 574 (1984)

A.J. SCHMITT, Jr., v. The CITY OF NEW ORLEANS, Honorable Ernest N. Morial, Mayor, Honorable Evelyn Pugh, Director of Safety & Permits City of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 7, 1985.

Writs Denied March 8, 1985.

Attorney(s) appearing for the Case

A.J. Schmitt, Jr., M.W. Mathes, Schmitt & Mathes, New Orleans, for plaintiff-appellee.

Salvador Anzelmo, City Atty., Karen Milner, Deputy City Atty., New Orleans, for defendants-appellants Mayor Ernest N. Morial and Evelyn Pugh, Director of Safety and Permits.

Okla Jones, II, Jones, Nobonne & Wilkerson, New Orleans, for defendant-appellant City of New Orleans.

Before GARRISON, BARRY and LOBRANO, JJ.

BARRY, Judge.

Defendants appeal a writ of mandamus ordering the City of New Orleans and its Director of Safety and Permits to issue two C-1 building permits to plaintiff. The issue is whether plaintiff's applications should be governed by C-1 or C-1A zoning.

Plaintiff owns 1403 and 1429 St. Charles Ave. which were zoned C-1. In September 1982 the City passed ordinances 8762 and 8764 which would have re-zoned the properties to the more restrictive C-1A. On...

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