LOZES v. WATERSON

No. CA-5437.

503 So.2d 155 (1987)

Charles F. LOZES, Charles B. Johnson and J. William Vaudry, Jr. v. Mr. & Mrs. J. Aubrey WATERSON.

Court of Appeal of Louisiana, Fourth Circuit.

Dissenting Opinion February 17, 1987.

Rehearings Denied March 19, 1987.

Writ Granted May 29, 1987.


Attorney(s) appearing for the Case

Terriberry, Carroll, & Yancy, Charles F. Lozes, Coleman, Dutrey & Thompson, Charles B. Johnson, McCloskey, Dennery, Page & Hennesy, J. William Vaudry, Jr., New Orleans, for appellees.

Casey, Babin & Casey, Thomas A. Casey, Basile J. Uddo, New Orleans, for appellants.

Before REDMANN, C.J., and GULOTTA, GARRISON, CIACCIO and ARMSTRONG, JJ.


GULOTTA, Judge.

Defendants appeal from a summary judgment granting a permanent injunction prohibiting the nonconforming use of a four-plex in a zoned two-family dwelling area. We affirm.

In the building owned by defendants, two of the four apartments had been vacant in excess of a six month period, and plaintiffs sought an injunction to prevent defendants from continuing the nonconforming use of the building.

Defendants argue that the trial judge,...

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