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SCHAFER v. CITY OF NEW ORLEANS

No. 84-3279.

743 F.2d 1086 (1984)

Thomas E. SCHAFER, JR., Charles A. Byrne, III, et al., Plaintiffs-Appellants, v. The CITY OF NEW ORLEANS, Defendant-Appellee, and New Orleans City Council, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

October 11, 1984.

Attorney(s) appearing for the Case

Schafer & Schafer, Timothy G. Schafer, New Orleans, La., for plaintiffs-appellants.

Salvador Anzelmo, City Atty., Karen Milner, Asst. City Atty., New Orleans, La., for City of New Orleans.

Jones, Nabonne & Wilkerson, Okla Jones, II, New Orleans, La., for New Orleans City Council.

Ward & Clesi, Joseph R. Ward, Jr., New Orleans, La., for intervenor-appellee.

Before RUBIN, REAVLEY and TATE, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

Property owners seek an injunction against enforcement of a City of New Orleans ordinance prohibiting the issuance of building permits for fast-food restaurants in a certain neighborhood until the City completes a study of the area. The district court held that this moratorium was not a zoning ordinance and therefore need not conform to Louisiana's constitutional and statutory provisions for the adoption of such ordinances and that its...

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