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EAST NEW ORLEANS NEIG. v. LEVY GARDENS PAR.

No. 2009-CA-0326.

20 So.3d 1131 (2009)

EAST NEW ORLEANS NEIGHBORHOOD ADVISORY COMMISSION v. LEVY GARDENS PARTNERS 2008, LLC, Levy Gardens Partners, L.L.C., Levy Gardens Partners 2007, L.P., Carubba Engineering, Inc., Washer Hill Lipscomb Cabaniss Architecture (LA) LLC, Recon Engineering, Inc., Devere Construction Company, Inc. of Michigan, Delta International Construction Corporation and the City of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

July 15, 2009.

Attorney(s) appearing for the Case

Iran A. Thompson II, Lloyd N. Frischhertz, Jr., Marc L. Frischhertz, Frischhertz & Associates, L.L.C., Steven J. Lane, Herman Herman Katz & Cotlar, L.L.P., New Orleans, LA, for Plaintiff/Appellee.

Penya Moses-Fields, City Attorney, Evelyn F. Pugh, Chief Deputy City Attorney, Edward R. Washington III, Deputy City Attorney, Bobbie F. Mason, Assistant City Attorney, New Orleans, LA, for Defendant/Appellee The City of New Orleans.

Henry L. Klein, New Orleans, LA, Salvador Anzelmo, Thomas W. Milliner, Brian J. Burke, Anzelmo Milliner & Burke, LLC, Metairie, LA, for Defendants/Appellants Levy Gardens Partners 2007, L.P. and Levy Gardens Partners, L.L.C.

(Court composed of Judge DAVID S. GORBATY, Judge EDWIN A. LOMBARD, Judge ROLAND L. BELSOME).

EDWIN A. LOMBARD, Judge.

This appeal is from a preliminary injunction enjoining construction on property in the East New Orleans Renaissance Corridor owned by defendants Levy Gardens Partners 2008, LLC, Levy Gardens Partners, LLC, and Levy Gardens Partner, LP1, until completion of the conditional use permit process and consent by the New Orleans City Council. After review of the record in light of the applicable law and arguments of the...

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