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TOLMAS v. PARISH OF JEFFERSON

No. 11-CA-492.

80 So.3d 1260 (2011)

Oscar J. TOLMAS v. PARISH OF JEFFERSON.

Court of Appeal of Louisiana, Fifth Circuit.

Certiorari Denied February 7, 2012.

Attorney(s) appearing for the Case

John W. Holmes , Timothy F. Hand , G. Patrick Hand, Jr. , Attorneys at Law, Metairie, LA, for Plaintiff/Appellee, Morning Park, LLC as Successor in Interest to Oscar J. Tolmas.

E. Ross Buckley, Jr. , Deputy Parish Attorney, Melissa S. Quigley , Johanna E. Lambert , Assistant Parish Attorneys, Harahan, LA, for Defendant/Appellant, the Parish of Jefferson, et al.

Leopold Z. Sher , James M. Garner , Dorothy S. Watkins Lawrence , Attorneys at Law, New Orleans, LA, for Amicus Curiae, Whitney-Cecile Homeowners & Improvements Association, Inc.

Patricia S. Leblanc , Carl A. Butler , Attorneys at Law, Metairie, LA, Patrick J. Fanning , Michael G. Fanning , Attorneys at Law, Gretna, LA, for Amicus Curiae, Jefferson Chamber of Commerce, Select Properties, Ltd., Rault Resources, Inc. and Greg Clayton.

Panel composed of Judges SUSAN M. CHEHARDY, JUDE G. GRAVOIS, and MARC E. JOHNSON.

SUSAN M. CHEHARDY, Judge.

This appeal arises following a judgment on a motion to enforce a permanent injunction against the Parish of Jefferson. The district court granted the motion and the Parish of Jefferson appeals. We reverse and render judgment in favor of the Parish.

FACTS

History

The lawsuit originated when Oscar J. Tolmas ("Tolmas") filed suit on May 16, 1962, against the Parish of Jefferson ("the Parish") and various parish...

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