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KOERNER v. CITY OF NEW ORLEANS

No. 98-CA-0916

726 So.2d 435 (1999)

Louis R. KOERNER, Jr. v. The CITY OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 29, 1999.

Attorney(s) appearing for the Case

Law Office of Louis R. Koerner, Jr., Louis R. Koerner, Jr., New Orleans, in Proper Person.

Lawrence Martin, Assistant City Attorney, Evelyn F. Pugh, Deputy City Attorney, Deborah Wilson,, Chief Deputy City Attorney, Avis Marie Russell, City Attorney, New Orleans, for Defendant-Appellee.

Court composed of Judge ROBERT J. KLEES, Judge STEVEN R. PLOTKIN and Judge JAMES F. McKAY, III.

KLEES, Judge.

On August 11, 1997 the Board of Zoning Adjustments (hereafter BZA) upheld the decision of the Department of Safety and Permits denying Louis R. Koerner's, Jr. application for a permit to operate a bed and breakfast at his residence. Specifically, both the Department of Safety and Permits and BZA found that Plaintiff's residence had not attained nonconfirming use status. Thereafter, the trial court affirmed the BZA's decision to deny the permit to operate...

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