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COLISEUM SQUARE ASS'N v. CITY OF NEW ORLEANS

No. 88-C-1837.

544 So.2d 351 (1989)

COLISEUM SQUARE ASSOCIATION, Magazine Street Business Association, Robert M. Allen, Mickey Dillon, Frank Dillon, Paula Krup, Donald Krup, Norman Robin, Melissa Langland, Borge Langland, Maxine McKinney, W.M. McKinney, Melissa Luer, William H. Luer, M.D., Charmaine G. Noel, Anna T. Noto, Gerald Noto, Frances M. Whidden, and Maybelle Van H. Whidden v. CITY OF NEW ORLEANS.

Supreme Court of Louisiana.

Dissenting Opinion March 7, 1989.

Rehearings Granted March 9, 1989.

On Rehearing June 19, 1989.

Attorney(s) appearing for the Case

Terry McCall, Lemle, Kelleher, Kohlmeyer, Dennery, Hunley, Moss & Frilot, New Orleans, for applicants.

Okla Jones, II, Noel Darce, Henry O'Connor, Jr., John Musser, IV, Kathy Torregano, New Orleans, for respondent.

Dissenting Opinion of Justice Dennis March 7, 1989.

WATSON, Justice.

This case involves the question of whether the City of New Orleans may close a block of a city street which is dedicated to public use and being used by the public, and lease it for sixty years to a private interest.

FACTS

Chestnut Street is a narrow traffic artery which runs from Felicity Street in an unbroken line to Joseph Street. At Joseph Street, it falls into an irregular...

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