CHURCH v. ST. CHARLES PARISH

No. 00-CA-185.

767 So.2d 913 (2000)

Derinda and Joseph CHURCH v. ST. CHARLES PARISH.

Court of Appeal of Louisiana, Fifth Circuit.

August 29, 2000.


Attorney(s) appearing for the Case

Alan A. Zaunbrecher, Metairie, Louisiana, Attorney for Appellant St. Charles Parish.

Randall A. Smith, T.A., Andrew L. Kramer, Smith, Jones & Fawer, L.L.P., New Orleans, Louisiana, Attorneys for Appellees Derinda & Joseph Church.

Panel composed of Judges JAMES L. CANNELLA, THOMAS F. DALEY and SUSAN M. CHEHARDY.


CANNELLA, Judge.

Defendant, St. Charles Parish, appeals from the trial court judgment in favor of Plaintiffs, Brenda and Joseph Church, awarding them $325,000 for being arbitrary and capricious in its denial of Plaintiffs' change of occupancy permit. For the reasons which follow, we reverse.

On February 22, 1995, Plaintiffs purchased certain property in St. Charles Parish at a sheriffs sale, which was formerly a barroom or lounge generally known as Godfather...

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