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PACIERA v. PARISH OF JEFFERSON

No. 96-CA-441.

685 So.2d 333 (1996)

Paul A. PACIERA, Jr., Individually, and in his Capacity as Trustee of the Paul A. Paciera (Sr.) Testamentary Trust No. 1 and the Rose B. Paciera Inter Vivos Trust No. 1 v. The PARISH OF JEFFERSON, Fred Arcement, Elson Savoie, Jon Rabalais and Kirk Landry.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied February 7, 1997.

Attorney(s) appearing for the Case

Albert J. Derbes, IV, Eric J. Derbes, Albert J. Derbes, III, Metairie, for plaintiffappellee.

Robert P. Early, David Dyer, Assistant Parish Attorney, Harahan, for defendant-appellant.

Lloyd N. Shields, Daniel Lund, III, Shields, Mott, Lund & Burnside, L.L.P., New Orleans, for appellants-respondents.

Before GAUDIN, BOWES and GRISBAUM, JJ.

GAUDIN, Judge.

At paramount issue in this case is whether the Jefferson Parish Council by resolution can supersede a provision in the Comprehensive Zoning Ordinance directly contrary to the resolution. A trial judge in the 24th Judicial District Court said yes. We reverse. An ordinance, by its very nature and definition, is superior to a resolution and must prevail.

The facts of this case are generally not in dispute. Appellant Paul Paciera owns...

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