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COUNCIL v. S & WB OF NEW ORLEANS

No. 2005-CA-0384.

936 So.2d 862 (2006)

THE COUNCIL OF THE CITY OF NEW ORLEANS v. SEWERAGE & WATER BOARD OF NEW ORLEANS; Boh Bros. Construction Co., L.L.C.; Renaissance Integrated Solutions, LLC; and Ris New Orleans, LLC.

Court of Appeal of Louisiana, Fourth Circuit.

July 12, 2006.

Attorney(s) appearing for the Case

Russ M. Herman, Sidney A. Cotlar, Steven J. Lane, David K. Fox, Soren E. Gisleson, Herman, Herman, Katz & Cotlar, LLP, New Orleans, Counsel for Plaintiffs/Appellants.

Gerard M. Victor, Special Counsel, Sewerage & Water Board of New Orleans, Baton Rouge, Counsel for Defendant/Appellee (Sewerage and Water Board of New Orleans).

Sherry S. Landry, Former City Attorney, Thomas A. Robichaux, Assistant City Attorney, Janita L. Reliford, Assistant City Attorney, Joseph V. DiRosa, Chief Deputy City Attorney, New Orleans, Counsel for Intervenor (The City of New Orleans).

(Court composed of Judge PATRICIA RIVET MURRAY, Judge JAMES F McKAY, III and Judge MICHAEL E. KIRBY).

MICHAEL E. KIRBY, Judge.

On February 1, 2005, the New Orleans City Council ("Council") filed a Petition for Injunction against the Sewerage & Water Board of New Orleans ("S & WB"), Boh Bros. Construction Co., L.L.C., Renaissance Integrated Solutions, L.L.C., and RIS New Orleans, L.L.C. for the unlawful laying of fiber optic cable while they were digging up and replacing leaking sewer pipes. The pipe replacement work was undertaken pursuant to orders of the...

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