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RACETRAC PETROLEUM v. CITY OF SHREVEPORT

No. 45,120-CA.

44 So.3d 800 (2010)

RACETRAC PETROLEUM, INC., Plaintiff-Appellant v. CITY OF SHREVEPORT, A Political Subdivision of the State of Louisiana, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

July 21, 2010.

Attorney(s) appearing for the Case

Downer, Huguet & Wilhite by Philip Edward Downer, II , M. Amy Burford McCartney , Shreveport, for Appellant RaceTrac Petroleum, Inc.

Davidson, Jones & Summers by Allison Anne Jones , Malone Law Firm by Dannye Wayne Malone , Mary Ellen Winchell , Shreveport, for Appellee City of Shreveport.

Before BROWN, STEWART, GASKINS, MOORE and LOLLEY, JJ.

LOLLEY, J.

RaceTrac Petroleum, Inc. appeals a judgment of the First Judicial District Court, Parish of Caddo, Louisiana in favor of the City of Shreveport upholding the decision of the Shreveport Metropolitan Commission Zoning Board of Appeals (the "ZBA"). For the following reasons, we reverse the judgment of the trial court.

FACTS

RaceTrac Petroleum, Inc. ("RaceTrac") owns property located at 3701 Hearne Avenue, Shreveport, Louisiana, on which it...

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