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TOLMAS v. PARISH OF JEFFERSON

No. 47,555-CA.

156 So.3d 653 (2013)

Oscar J. TOLMAS, Plaintiff-Appellee v. PARISH OF JEFFERSON, et al., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

February 20, 2013.

Attorney(s) appearing for the Case

E. Ross Buckley, Jr. , Melissa S. Quigley , Johanna E. Lambert , for Appellant, Parish of Jefferson.

Stone, Pigman, Walther, Wittmann, LLC, New Orleans, LA, by Phillip A. Wittmann , Samantha P. Griffin , for Appellee, Morning Park, LLC, as Successor in Interest to Oscar J. Tolmas.

LeBlanc Butler, LLC, Metairie, LA, by Patricia S. LeBlanc , Carl A. Butler , Grant & Barlow, Gretna, LA, by Patrick J. Fanning , Michael G. Fanning , for Amici Curiae, Jefferson Chamber of Commerce, Select Properties, Ltd., Rault Resources, Inc. & Greg Clayton.

Sher, Garner, Cahill, Richter, Klein & Hilbert, New Orleans, LA, by Leopold Z. Sher , James M. Garner , Dorothy S. Watkins , for Amici Curiae, Whitney-Cecile Homeowners & Improvements Assn., Inc.

Before CARAWAY, MOORE, LOLLEY, SEXTON (Ad Hoc) & HARRISON (Ad Hoc), JJ.

The defendant, the Parish of Jefferson ("Parish"), appeals from a trial court judgment enforcing a permanent injunction against it.1 The plaintiff is Morning Park, LLC ("Morning Park"), the successor in title to the original plaintiff, Oscar J. Tolmas. For the following reasons, we reverse the...

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