VIEUX CARRE PROPERTY OWNERS v. CITY OF NEW ORLEANS

No. 2001-CA-0658.

797 So.2d 103 (2001)

VIEUX CARRE PROPERTY OWNERS, RESIDENTS AND ASSOCIATES, INC. and French Quarter Citizens for the Preservation of Residential Quality, Inc. v. The CITY OF NEW ORLEANS, The New Orleans City Council, The New Orleans City Planning Commission, The New Orleans Department of Safety and Permits, Central Business District Historic District Landmarks Commission, Bourbon Hotel, LLC, et al.

Court of Appeal of Louisiana, Fourth Circuit.

August 16, 2001.


Attorney(s) appearing for the Case

Andrew R. Thomas, Stephen B. Panus, Anthony C. Marino, Schully, Roberts, Slattery, Jaubert & Marino, and Stuart H. Smith, Sacks & Smith, L.L.P., New Orleans, LA, Counsel for Plaintiffs/Appellants.

Mavis S. Early, City Attorney, Evelyn F. Pugh, Chief Deputy City Attorney, and Phillip A. Wittmann, Paul J. Masinter, Walter F. Wolf, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, LA, Counsel for Defendants/Appellees.

Mitchell J. Hoffman, Lowe, Stein, Hoffman, Allweiss & Hauver, L.L.P., New Orleans, LA, Counsel for Defendant/Appellee.

Court composed of Judge JOAN BERNARD ARMSTRONG, Judge PATRICIA RIVET MURRAY and JUDGE JAMES F. McKAY III.


JOAN BERNARD ARMSTRONG, Judge.

This is an action appealing a zoning decision by the City Council of New Orleans. The trial court dismissed the action of the plaintiffs-appellants. Because we find suit was untimely filed, so that this action is prescribed or preempted, we affirm the judgment of the trial court.

The zoning decision at issue is the City Council's enactment of two ordinances, referred to in the briefs as "the Text Amendment" and "the Bourbon Hotel...

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