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BERRY v. VOLUNTEERS OF AMERICA, INC.

No. 08-CA-184.

996 So.2d 299 (2008)

Thelma and Richard BERRY v. VOLUNTEERS OF AMERICA, INC., Forrest Towers II, Limited Partnership, and The Parish of Jefferson.

Court of Appeal of Louisiana, Fifth Circuit.

September 16, 2008.

Attorney(s) appearing for the Case

John A.E. Davidson, Metairie, Louisiana, for Plaintiff/Appellant.

Daniel A. Ranson, Michael D. Peytavin, Gaudry, Ranson, Higgins & Gremillion, L.L.C., Gretna, Louisiana, for Defendant/Appellee.

Panel composed of Judges CLARENCE E. McMANUS, WALTER J. ROTHSCHILD, and MADELINE JASMINE.

MADELINE JASMINE, Judge Pro Tempore.

Plaintiffs, Thelma and Richard Berry, appeal the trial court's grant of defendant The Parish of Jefferson's Exception of Prematurity. Finding merit to the plaintiffs' position on one issue, for the following reasons, we affirm in part, reverse in part, and remand.

In their petition, plaintiffs allege that they are the owners of a parcel of land in Jefferson Parish located on Behrman Highway that was zoned "MUCD" or multi...

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