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MOYSE v. CITY OF BATON ROUGE

No. 2005-CA-1353.

938 So.2d 1013 (2006)

Hermann MOYSE, III & Janet D. Moyse v. THE CITY OF BATON ROUGE, the Parish of East Baton Rouge & Dale Spillman.

Court of Appeal of Louisiana, First Circuit.

June 9, 2006.

Attorney(s) appearing for the Case

Floyd J. Falcon, Jr., Avant & Falcon, Baton Rouge, Counsel for Plaintiffs/Appellants.

E. Wade Shows, Parish Attorney, Lea Anne Batson, Special Assistant Parish Attorney, Gwendolyn K. Brown, Assistant Parish Attorney, Baton Rouge, Counsel for Defendants/Appellees.

Panel composed of Ad Hoc Judges EDWARD A. DUFRESNE, Jr., THOMAS. F. DALEY, and FREDERICKA HOMBERG WICKER.

THOMAS F. DALEY, Judge Ad Hoc.

Plaintiffs, Hermann and Janet Moyse, appeal the denial of their petition for a Writ of Mandamus. On appeal, they argue the following two errors of the trial court:

1. The trial court erred in determining that the question of whether LSA-R.S. 33:4727 provides the exclusive method of appeal from an adverse decision of the Board of Adjustment was not before the Court and/or had no relevance to the question of whether plaintiffs...

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