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DIEFENTHAL v. LONGUE VUE FOUNDATION

No. 2002-CA-1470.

865 So.2d 863 (2004)

Elka Freeman DIEFENTHAL, Anna Beth Goodman Wife of/and John Goodman, Paul J. Leaman, Jr., Margaret Carolyn Ott Wife of/and Dr. Phillip R. Loria, Max Nathan, Jr., and Carole Crowell Pettit Wife of/and Robert L. Pettit, Jr. v. LONGUE VUE FOUNDATION and Longue Vue House and Gardens Corporation.

Court of Appeal of Louisiana, Fourth Circuit.

January 7, 2004.

Attorney(s) appearing for the Case

Alan H. Goodman, Brent C. Wyatt, Lemle & Kelleher, L.L.P., New Orleans, LA, for Plaintiffs/Appellees.

Phillip A. Wittmann, Wayne J. Lee, Walter F. Wolf, III, Stone Pigman Walther Wittmann L.L.C., New Orleans, LA, for Defendants/Appellants.

Ronald J. Sholes, Ann R. Koppel, Adams and Reese, New Orleans, LA, for Intervenors/Appellees, (The Bamboo Road Residents).

(Court composed of Judge CHARLES R. JONES, Judge PATRICIA RIVET MURRAY, Judge JAMES F. McKAY, III, Judge DENNIS R. BAGNERIS, SR., Judge EDWIN A. LOMBARD).

PATRICIA RIVET MURRAY, Judge.

This is an action for declaratory and injunctive relief seeking to enforce restrictive covenants prohibiting commercial use of the properties fronting Garden Lane, one of the premiere residential neighborhoods in the City of New Orleans. The owners of the seven residences fronting Garden Lane (the "Residents") filed this action against Longue Vue Foundation and Longue Vue House and Gardens Corporation ("Longue Vue").

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