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DAVIS v. TOWN OF ST. GABRIEL

No. 2001 CA 0031.

809 So.2d 537 (2002)

Alice R. DAVIS and Fred's Lounge, Inc., d/b/a Highway 30 Truck Plaza v. TOWN OF ST. GABRIEL and Diversified Professional Services, Inc.

Court of Appeal of Louisiana, First Circuit.

February 15, 2002.

Attorney(s) appearing for the Case

Robert M. Marionneaux, Jr., Livonia, Counsel for Plaintiff/Appellee Highway 30 Enterprises, Inc., previously known as Fred's Lounge Inc. d/b/a Highway 30 Truck Plaza.

L. Phillip Canova, Jr., Plaquemine, Counsel for Defendant/Appellant Town of St. Gabriel.

Amy D. Berret, Baton Rouge, Counsel for Defendant/Appellant Diversified Professional Services, Inc.

Before: FITZSIMMONS, DOWNING and LANIER, JJ.

LANIER, J.

This action commenced with a petition by a former member of a municipal governing authority asserting the municipality unlawfully granted a variance to the provisions of the municipality's zoning ordinance and issued an illegal building permit for the construction of a second video poker truck stop in the municipality. The variance and building permit were given pursuant to a compromise contract entered into by the municipality and the owner of the property...

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