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800 CANAL STREET LTD v. STORYVILLE DIST.

Nos. 2010-CA-0942, 2010-CA-0943, 2010-CA-0944, 2010-CA-0979, 2010-CA-0980, 2010-CA-0981, 2010-CA-0982.

75 So.3d 958 (2011)

800 CANAL STREET LIMITED PARTNERSHIP, v. STORYVILLE DISTRICT NEW ORLEANS, L.L.C., Bourbon Street Management, LLC, Jazz Parlor, LLC, and Zydeque, L.L.C. Storyville District New Orleans, LLC, v. 800 Canal Street Limited Partnership. 800 Canal Street Limited Partnership, v. Storyville District New Orleans, LLC, Bourbon Street Management, LLC, Jazz Parlor, LLC, and Zydeque, LLC. 800 Canal Street Limited Partnership, v. Storyville District New Orleans, L.L.C, Jazz Parlor, LLC; Bourbon Street Management, LLC; and Zydeque, L.L.C. 800 Canal Street Limited Partnership, v. Storyville District New Orleans, LLC, Bourbon Street Management, LLC, Jazz Parlor, LLC, and Zydeque, L.L.C. Storyville District New Orleans, LLC, v. 800 Canal Street Limited Partnership. Jazz Parlor, LLC, v. Canal Street Development Corporation and Cynthia Connick in her capacity as Executive Director of the Canal Street Development Corporation.

Court of Appeal of Louisiana, Fourth Circuit.

September 21, 2011.

Attorney(s) appearing for the Case

James M. Garner , Ryan O. Luminais , Sher Garner Cahill Richter Klein & Hilbert, L.L.C., New Orleans, LA, for 800 Canal Street Limited Partnership.

Timothy R. Richardson , Usry Weeks & Matthews, APLC, Leonard L. Levenson , Christian W. Helmke , Colleen B. Gannon , New Orleans, LA, for Storyville District New Orleans, L.L.C.; Jazz Parlor, LLC; Bourbon Street Management, LLC; and Zydeque, L.L.C.

(Court composed of Judge PATRICIA RIVET MURRAY, Judge JAMES F. McKAY III, Judge ROLAND L. BELSOME).

JAMES F. McKAY III, Judge.

This case involves several consolidated appeals. At the heart of case is a dispute between a sub-lessor and a sub-lessee. The principal action giving rise to all of the appeals is an eviction proceeding. For the following reasons, we affirm in part and reverse in part.

FACTS AND PROCEDURAL HISTORY

Sometime around 1860, the building which housed the D.H. Holmes Department Store located at 800 Canal Street in New Orleans...

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