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RIVER BIRCH, INC. v. JEFFERSON PARISH ZONING BD.

No. 95-CA-500.

669 So.2d 5 (1996)

RIVER BIRCH, INC. v. JEFFERSON PARISH ZONING APPEALS BOARD.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied March 29, 1996.

Attorney(s) appearing for the Case

Harry S. Hardin, III, Thomas K. Potter, III, J. Timothy Griffin, Judith V. Windhorst, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, Larry J. Radosta, Timothy J. Valenti, Assistant Parish Attorneys, Harahan, for defendants-appellants.

Frederick R. Heebe, Gretna, for plaintiff-appellee.

Before GAUDIN and GRISBAUM, and REMY CHIASSON, J. Pro Tem.

GRISBAUM, Judge.

In this matter, the Parish of Jefferson and Zoning Appeals Board ("the Board") appeal a lower court decision requiring the Jefferson Parish Inspection and Code Enforcement Division ("Inspection and Code Enforcement Division") to issue a permit to the plaintiff-appellee, River Birch, Incorporated ("River Birch"), for the construction of a landfill. We set aside and vacate with an order.

ISSUE

The threshold question presented...

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