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MORGAN v. WHALEY

No. 99-CA-1103.

765 So.2d 408 (2000)

Sundance and Iris MORGAN v. Thomas Lee WHALEY, III and City Park Improvement Association.

Court of Appeal of Louisiana, Fourth Circuit.

May 31, 2000.

Attorney(s) appearing for the Case

Max J. Cohen, Lowe, Stein, Hoffman, Allweiss & Hauver, L.L.P., New Orleans, LA, Attorney for Plaintiffs/Appellees, Iris and Sundance Morgan.

Richard P. Ieyoub, Attorney General, Raul R. Bencomo, Special Assistant Attorney General, Pamela L. Hershey, Special Assistant Attorney General, New Orleans, LA, Attorneys for Defendants/Appellants, Thomas Lee Whaley, III, and the City Park Improvement Association.

Court composed of Judge WILLIAM H. BYRNES, III, Judge PATRICIA RIVET MURRAY and Judge PHILIP C. CIACCIO, Pro Tem.

MURRAY, Judge.

Defendants, Thomas Lee Whaley, III and the New Orleans City Park Improvement Association, appeal the trial court's award of damages and equitable relief in favor of the plaintiffs, Iris and Sundance Morgan.1 We reverse the award of damages for the reasons that follow.

FACTS AND PROCEEDINGS BELOW

In their petition filed March 31, 1989, the Morgans asserted that prior to April 1,

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