ACADEMY PAfRK IMP. ASS'N v. CITY OF NEW ORLEANS

No. CA 2576.

469 So.2d 2 (1985)

ACADEMY PARK IMPROVEMENT ASSOCIATION et al. v. CITY OF NEW ORLEANS et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 29, 1985.


Attorney(s) appearing for the Case

Frank A. Silvestri, Silvestri & Massicot, New Orleans, for plaintiffs.

Stephen L. Williamson, Montgomery, Barnett, Brown & Read, New Orleans, for John E. Walker, Earnest Homes, Inc., and U.S. Fid. & Guar. Co.

Before REDMANN, C.J., and LOBRANO and WARD, JJ.


REDMANN, Chief Judge.

Plaintiffs appeal from the dismissal on exception of peremption of their action for damages against certain defendants involved in the design and construction of the New Orleans subdivision in which plaintiffs' homes sit.

Plaintiffs' petition alleges that exceptors, "in a fraudulent and deceptive manner," submitted a four-page plan for the subdivision to the city's drainage authority specifying street elevations appropriate for ordinary...

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