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CITY OF NEW ORLEANS v. BD. OF DIR. OF STATE MUSEUM

No. 97-CA-1574.

709 So.2d 1008 (1998)

CITY OF NEW ORLEANS and The Vieux Carre Commission v. BOARD OF DIRECTORS OF THE LOUISIANA STATE MUSEUM, James Sefcik; Tammany Contracting Company; and The Department of Culture, Recreation and Tourism.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 31, 1998.

Attorney(s) appearing for the Case

Harry E. Cantrell, Special Counsel, Avis Marie Russell, City Attorney, New Orleans, for Plaintiffs-Appellants City of New Orleans and the Vieux Carre' Commission.

Gary L. Keyser, Assistant Attorney General, Baton Rouge, and David A. Dalia, New Orleans, for Defendants-Appellees Board of Directors of the Louisiana State Museum and the State of Louisiana.

James R. Logan, IV, Cornelius, Sartin & Murphy, New Orleans, for Amicus Curiae Louisiana Landmarks Society.

W. Patrick Klotz, Ryan E. Griffitts, Collins, Klotz, L.L.P., New Orleans, for Amicus Curiae St. Peter Street Neighborhood Improvement Association, Inc., and French Quarter Citizens for Preservation of Residential Quality, Inc.

Lloyd N. Shields, Daniel Lund, III, Michelle L. Corrigan, Shields Mott Lund, L.L.P., New Orleans, for Amicus Curiae Preservation Alliance of New Orleans, Inc. d/b/a Preservation Resource Center.

Anthony C. Marino, Schully, Roberts, Slattery & Jaubert, New Orleans, for Amicus Curiae Vieux Carre' Property Owners, Residents and Associates, Inc.

Before BARRY, PLOTKIN and JONES, JJ.

PLOTKIN, Judge.

The City of New Orleans and the Vieux Carre Commission bring this appeal to contest the trial court's granting of the peremptory exception of no cause of action filed by the Louisiana State Museum, a division of the State of Louisiana. The appeal raises the novel questions of whether or not the Vieux Carre Commission has jurisdiction over state-owned buildings within the Vieux Carre section of New Orleans and, if so, whether requiring the State to...

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