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RUBENSTEIN v. CITY OF NEW ORLEANS

No. 2007-CA-1211.

982 So.2d 964 (2008)

Joshua RUBENSTEIN v. The CITY OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

Order Granting Rehearing in Part May 30, 2008.

Attorney(s) appearing for the Case

Galen S. Brown, Hamilton Brown & Babst, New Orleans, LA, for Plaintiff/Appellee.

Ira J. Middleberg, Paul J. Mirabile, Wade P. Webster, Middleberg Riddle & Gianna, New Orleans, LA, for Tracage Development, LLC.

Penya Moses-Fields, City Attorney of Orleans Parish, Evelyn F. Pugh, Chief Deputy City Attorney of Orleans Parish, Lisa B. Schneider, Assistant City Attorney of Orleans Parish, New Orleans, LA, for City of New Orleans.

(Court composed of Judge JAMES F. McKAY III, Judge EDWIN A. LOMBARD, Judge LEON A. CANNIZZARO, JR.).

JAMES F. McKAY III, Judge.

Tracage Development, LLC (Tracage) obtained approval from the New Orleans City Council to erect a condominium tower in the Warehouse District of New Orleans, alongside the Mississippi River bridge ramp. Joshua Rubenstein owns a fourth floor penthouse condominium in the Lengsfield Lofts Condominiums, adjacent to Tracage's parcel. Mr. Rubenstein is opposed to the Tracage development.

After the New Orleans City Council passed Ordinance...

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