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CITY OF NEW ORLEANS v. ELMS

No. 89-C-1472.

566 So.2d 626 (1990)

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

Supreme Court of Louisiana.

Rehearings Denied September 5, 1990.

Attorney(s) appearing for the Case

Mack E. Barham, Robert E. Arceneaux, Gail N. Wise, Barham & Associates, Nat G. Kiefer, Jr., for John J. Elms, Jr., et al., defendant-applicant.

William R. Pitts, Cheryl V. Cunningham, Liskow & Lewis, Okla Jones, II, City Atty., Don Hernandez, Chief Deputy City Atty., Kathy lee Torregano, Deputy City Atty., for City of New Orleans, plaintiff-respondent.

LEMMON, Justice.*

This is an action by the City of New Orleans to enjoin a violation of the Comprehensive Zoning Ordinance. The principal issue is whether the City is barred by prescription from enjoining defendants' use of their property located in a multiple-family residential district for wedding receptions, private parties and public tours.

In 1969 Mrs. Joyce Benchabbat, one of the owners of the mansion located at 3029 St....

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