CUCCIA v. BOARD OF ZONING ADJUSTMENTS

No. 07-CA-152.

966 So.2d 611 (2007)

Jay CUCCIA v. BOARD OF ZONING ADJUSTMENTS OF/AND the PARISH OF JEFFERSON.

Court of Appeal of Louisiana, Fifth Circuit.

July 30, 2007.


Attorney(s) appearing for the Case

Richard D. Tiemann, Jr., Attorney at Law, Gretna, LA, and Timothy J. Falcon, Attorney at Law, Marrero, LA, for Plaintiff/Appellant.

Thomas G. Wilkinson, Philip A. Gattuso, Attorneys at Law, Gretna, LA, for Defendant/Appellee.

Panel composed of Judges EDWARD A. DUFRESNE, JR., WALTER J. ROTHSCHILD, and FREDERICKA HOMBERG WICKER.


FREDERICKA HOMBERG WICKER, Judge.

Plaintiff, Jay Cuccia, appeals a judgment of the trial court that upheld a decision by the Jefferson Parish Board of Zoning Adjustments (Board) to deny Mr. Cuccia a variance from the maximum height allowance for a new accessory building partially constructed on his property. The question here is whether, in the factual context of this case, Jay Cuccia acquired a property right to the structure as originally permitted and constructed...

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