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CITY OF NEW ORLEANS v. ELMS

No. CA-5203.

498 So.2d 773 (1986)

CITY OF NEW ORLEANS v. John J. ELMS, Jr., Joyce Elms Benchabbat and Jacques Benchabbat.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 10, 1986.

Attorney(s) appearing for the Case

William R. Pitts and Barbara Bennett Blackburn, Liskow & Lewis, New Orleans, for plaintiffs-intervenors/appellants.

Kathy Lee Torregano, Asst. City Atty., and Okla Jones, II, City Atty., New Orleans, for plaintiff/appellant.

Nat G. Kiefer, Jr. and Jerry B. Jordan, New Orleans, for defendants/appellees.

Before GULOTTA, LOBRANO and ARMSTRONG, JJ.

LOBRANO, Judge.

The City of New Orleans (City) seeks to enjoin defendants from operating a commercial business at 3029 St. Charles Avenue in violation of the Comprehensive Zoning Ordinance. Defendants successfully argued in the lower court that the City's action was prescribed by the two year provisions of R.S. 9:5625, and that their property enjoys a legal non-conforming use status. The St. Charles Avenue Association and Garden District Association intervened (intervenors...

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