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CUSIMANO v. PORT ESPLANADE CONDOMINIUM

No. 2010-CA-0477.

55 So.3d 931 (2011)

Michael P. CUSIMANO, Chere M. Theriot, James K. Ozborn, S. James Wallace, Bruce E. Mohat, and Frederick E. Lutz v. PORT ESPLANADE CONDOMINIUM ASSOCIATION, INC., Peter J. Wanek, The Sommers Joint Revocable Trust, Michael S. Sommers, Michael A. Williams, Ulrike M. Lang, Mary F. Berry, Wesley M. Shrum, Jr., Blaine M. McBurney, Kenneth D. Peters, Michael D. Robeson, and Henrietta L. Alves.

Court of Appeal of Louisiana, Fourth Circuit.

January 12, 2011.

Attorney(s) appearing for the Case

Harry Rosenberg , Bryan Edward Bowdler , Phelps Dunbar L.L.P., New Orleans, LA, for Plaintiffs/Appellants.

James M. Garner , Raymond C. Lewis , Sher Garner Cahill Richter Klein & Hilbert, L.L.C., New Orleans, LA, for Defendant/Appellee, Port Esplanade Condominium Association, Inc.

(Court composed of Judge EDWIN A. LOMBARD, Judge ROLAND L. BELSOME, Judge PAUL A. BONIN).

PAUL A. BONIN, Judge.

The immovable property located on the lakeside corner of Dauphine Street and Esplanade Avenue in the French Quarter is subject to a regime established by the Declaration of Condominium for Port Esplanade Condominium Association. The Port Esplanade condominiums include two distinct residential buildings.1 The plaintiffs and appellants are the current owners of the condo units...

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