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CITY OF NEW ORLEANS v. BAUMER FOODS, INC.

No. CA-8198.

521 So.2d 428 (1988)

CITY OF NEW ORLEANS v. BAUMER FOODS, INC.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Granted April 22, 1988.

Attorney(s) appearing for the Case

Okla Jones, II, City Atty., Joseph N. Naccari, Deputy City Atty., Don J. Hernandez, Chief Deputy City Atty., New Orleans, for appellant.

Richard G. Verlander, Jr., New Orleans, for appellee.

Leon J. Harrel, Jr., Baton Rouge, for Dept. of Revenue and Taxation, State of La.

Before GULOTTA, C.J., and KLEES and LOBRANO, JJ.

GULOTTA, Chief Judge.

In this suit for assessment and collection of "use taxes" by the City of New Orleans on equipment purchased out of state, and shipped to New Orleans where it became installed as an immovable in defendant's plant, the trial judge dismissed the City's claim. The basis of the trial judge's conclusion is that the equipment became immovable by declaration in accordance with LSA-C.C. Art. 4671, and as such was not subject...

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