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MID CITY NEIGHBORHOOD ORGANIZATION v. CITY OF NEW ORLEANS

No. 2000-CA-1904.

798 So.2d 1024 (2001)

The MID CITY NEIGHBORHOOD ORGANIZATION and David T. Demonte v. The CITY OF NEW ORLEANS, Through Its BOARD OF ZONING ADJUSTMENTS, City Planning Commission and Department of Safety and Permits.

Court of Appeal of Louisiana, Fourth Circuit.

August 29, 2001.

Attorney(s) appearing for the Case

Michael W. Tifft, Salvador Anzelmo, New Orleans, LA, Counsel for Plaintiffs/Appellants.

Lawrence Martin, Jr., Assistant City Attorney, M. Michelle Segu, Assistant City Attorney, Evelyn F. Pugh, Chief Deputy City Attorney, Mavis S. Early, City Attorney, New Orleans, LA, Counsel for Defendant/Appellee.

Conrad Meyer IV, Baldwin & Haspel, L.L.C., New Orleans, LA, Counsel for Defendants/Appellees.

KIRBY, Judge.

Plaintiff, David DeMonte1, appeals the trial court's judgment of January 25, 2000, which affirmed a decision of the Board of Zoning Adjustments ("BZA") that granted a variance to Sam Scelfo d/b/a Gambino's Bakery ("Gambino's") for property located at 3836-40 Canal Street in New Orleans.

On May 14, 1999, Gambino's applied for a variance from the Comprehensive Zoning Ordinance ("CZO") for a bakery it planned to build...

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