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CITY OF NEW ORLEANS v. BOARD OF COM'RS

No. 93-C-0690.

640 So.2d 237 (1994)

CITY OF NEW ORLEANS v. BOARD OF COMMISSIONERS OF the ORLEANS LEVEE DISTRICT.

Supreme Court of Louisiana.

Rehearing Denied September 22, 1994.

Attorney(s) appearing for the Case

Kathy Lee Torregano, City Atty., Nancy E. Graham, Philip C. Ciaccio, Jr., Bruce E. Naccari, New Orleans, for applicant.

Scott W. McQuaig, McQuaig & Solomon, Gary G. Benoit, Metairie, for respondent.

Joseph William Fritz, Jr., Joseph Michael Orlesh, Gerald O'Brien Gussoni, Jr., New Orleans, amicus curiae, for Bd. of Com'rs of The Orleans Levee Dist.

DENNIS, Justice.*

This controversy arose when the Orleans Levee District (OLD) began to build a marina and related developments for commercial profit on state owned land inside the City of New Orleans without complying with the municipal zoning and building ordinances. The City of New Orleans (CNO) brought this suit against the OLD for declaratory judgment and an injunction to restrain the OLD's violation of the ordinances. The

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