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CITY OF KENNER v. KYLE

No. 02-CA-1262.

846 So.2d 34 (2003)

The CITY OF KENNER v. Dan KYLE, In His Official Capacity as Legislative Auditor of the State of Louisiana.

Court of Appeal of Louisiana, Fifth Circuit.

April 8, 2003.

Attorney(s) appearing for the Case

Salvador Anzelmo, Thomas W. Milliner, Law Office of Salvador Anzelmo, New Orleans, LA, Glenn B. Ansardi, Ansardi, Maxwell & Power, Kenner, LA, for the City of Kenner, Plaintiff/Appellee.

Jenifer Schaye, Baton Rouge, LA, for Dan Kyle, Louisiana Legislative Auditor, Defendant/Appellant.

Panel composed of Judges EDWARD A. DUFRESNE, JR., CLARENCE E. McMANUS and WALTER J. ROTHSCHILD.

WALTER J. ROTHSCHILD, Judge.

In this suit for declaratory judgment, Dan Kyle, the Legislative Auditor for the State of Louisiana, appeals from a summary judgment rendered in favor of the City of Kenner. For the reasons stated more fully herein, we affirm in part and vacate in part the judgment of the trial court.

Factual and Procedural History

On February 27, 2002, the City of Kenner instituted this petition for declaratory judgment naming as...

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