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CITY OF KENNER v. SOUTHEAST EQUIPMENT, INC.

No. 92-CA-499.

611 So.2d 785 (1992)

CITY OF KENNER v. SOUTHEAST EQUIPMENT COMPANY, INC. and Thomas Benigno.

Court of Appeal of Louisiana, Fifth Circuit.

On Rehearing January 20, 1993.

Writ Denied April 2, 1993.

Attorney(s) appearing for the Case

J. Casey Fos, Michael J. Power, Ansardi, Maxwell & Power, Kenner, for plaintiff/appellee.

Laurence D. Rudman, J.B. Kiefer, Scott P. Gallinghouse, Kiefer & Rudman, Metairie, for defendants/appellants.

Before KLIEBERT, WICKER and GOTHARD, JJ.

WICKER, Judge.

This appeal arises from a petition for injunctive relief filed on behalf of the City of Kenner against Southeast Equipment Company, Inc. and Thomas Benigno seeking to enjoin the expansion of a nonconforming use in an area zoned two-family residential. The trial judge granted a permanent injunction. The defendants have appealed. We reverse.

After the hearing on the preliminary injunction on May 23, 1986 and August 12, 1986 the trial judge denied...

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