OLD CARROLLTON v. CITY OF NEW ORLEANS EX REL. BZA

No. 2003-CA-0711.

859 So.2d 713 (2003)

OLD CARROLLTON NEIGHBORHOOD ASSOCIATION, et al. v. The CITY OF NEW ORLEANS by and Through ITS BOARD OF ZONING ADJUSTMENTS and Its Department of Public Safety and Permits.

Court of Appeal of Louisiana, Fourth Circuit.

October 1, 2003.


Attorney(s) appearing for the Case

Rudy J. Cerone, McGlinchey Stafford, PLLC, and Thomas W. Milliner, and James R. Logan, IV, Logan & Soileau, LLC, New Orleans, LA, for Plaintiffs/Appellants, Old Carrollton Neighborhood Association, et al.

M. Michelle Segu, Assistant City Attorney, Edward R. Washington, III, Deputy City Attorney, Evelyn F. Pugh, Chief Deputy City Attorney, Sherry S. Landry, Acting City Attorney, New Orleans, LA, for Defendant/Appellee, the City of New Orleans and its Board of Zoning Adjustments.

David B. Sharpe, Lugenbuhl Wheaton Peck Rankin & Hubbard, and John Futrell, Lee, Futrell & Perles, L.L.P. and Nancy Marshall, Deutsch, Kerrigan & Stiles, New Orleans, LA, for St. Andrew's Episcopal Church.

Court composed of Chief Judge WILLIAM H. BYRNES, III, Judge MAX N. TOBIAS, JR., and Judge LEON A. CANNIZZARO, JR.


MAX N. TOBIAS, JR., Judge.

The Old Carrollton Neighborhood Association and other neighboring homeowners (hereinafter collectively "Old Carrollton")1 appeal the decision of the trial court to affirm the granting of a zoning variance by the Board of Zoning Adjustments ("BZA" or "the Board") of the City of New Orleans to St. Andrews Episcopal Church ("Church") to allow accessory use of a neighboring property with insufficient offstreet parking...

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