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SMITH v. CITY OF NEW ORLEANS EX REL. SHIRES

No. 2010-CA-1464.

71 So.3d 525 (2011)

Stuart H. SMITH, Rodney Stephens, David A. Veazey, Guadalupe Gamez, and Neal Laney v. CITY OF NEW ORLEANS, through its Director of Department of Public Works, John H. SHIRES, Parking Enforcement Officers for Unit 10, Beat 100 (P. Harris, Badge 139) (Thomas, Badge 103) and (C. William, Badge 78), Director of Department of Safety and Permits, Michael Centineo, et al.

Court of Appeal of Louisiana, Fourth Circuit.

July 6, 2011.

Attorney(s) appearing for the Case

Stephen B. Murray, Sr. , Arthur M. Murray , Nicole leyoub-Murray , Jessica W. Hayes , Murray Law Firm, Scott M. Galante , Salvador I. Bivalacqua , Galante & Bivalacqua, Barry J. Cooper, Jr. , Cooper Law Firm, L.L.C., New Orleans, LA, for Stuart H. Smith, et al.

Harry Rosenberg , Christopher K. Ralston , Stephanie V. Lemoine , Phelps Dunbar L.L.P., New Orleans, LA, for Standard Parking Corporation & Parking Solutions, LLC.

Nannette Jolivette-Brown , City Attorney, Darryl M. Phillips , Chief Deputy City Attorney, Robert J. Ellis, Jr. , Deputy City Attorney, Mary Katherine Taylor , Assistant City Attorney, New Orleans, LA, for City of New Orleans.

(Court composed of Judge TERRI F. LOVE, Judge MAX N. TOBIAS, JR., Judge PAUL A. BONIN).

MAX N. TOBIAS, JR., Judge.

In this case, we address two separate partial summary judgments granted by the trial court. After examining the law and the appellate record, we affirm the judgments and remand to the trial court for further proceedings.

On 1 October 2003, the City of New Orleans (the "City"), through the Department of Public Works, issued a request for proposals for the installation, operation, and maintenance of metered parking spaces. Following...

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