ASARO v. CITY OF NEW ORLEANS

No. 2010-CA-0572.

54 So.3d 1214 (2010)

John ASARO v. The CITY OF NEW ORLEANS and Ahepa 133/Penelope 55, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 21, 2011.


Attorney(s) appearing for the Case

Edward R. Washington III , The Washington Law Group, LLC, New Orleans, LA, for Plaintiff/Appellee.

Dawn E. Segura , Chief Deputy City Attorney, Nanette V. Jolivette Brown , City Attorney, Thomas A. Robichaux , Deputy City Attorney, New Orleans, LA, Amicus Curiae, City of New Orleans.

W. Paul Andersson , Catherine L. Davidson , Leake & Andersson, L.L.P., New Orleans, LA, for Defendant/Appellant (Ahepa 133/Penelope 55, Inc.).

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge PATRICIA RIVET MURRAY, Judge JAMES F. McKAY III, Judge MICHAEL E. KIRBY, Judge ROLAND L. BELSOME).


MICHAEL E. KIRBY, Judge.

Defendant, AHEPA 133/Penelope 55, Inc. ("AHEPA"), appeals the trial court judgment granting a preliminary injunction in favor of plaintiff, Robert Asaro.1 For reasons that follow, we reverse the trial court judgment and vacate the preliminary injunction.

On September 9, 2008, AHEPA applied for a building permit with the Department of Safety and Permits for the...

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