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PHILLIPS' BAR v. CITY OF NEW ORLEANS

No. 2012-CA-1396.

116 So.3d 92 (2013)

PHILLIPS' BAR & RESTAURANT, INC. and Paul F. Ippolito v. CITY OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 15, 2013.

Attorney(s) appearing for the Case

Raymond P. Ladouceur , Jane C. Alvarez , Ladouceur and Ladouceur, L.L.C., Abita Springs, LA, for Plaintiff/Appellant.

Mark D. Macnamara , Deputy City Attorney, Eraka Williams Delarge , Assistant City Attorney, Sharonda R. Williams , Chief of Litigation, New Orleans, LA, for Defendant/Appellee.

Michael J. Laughlin , Law Office of Salvador Anzelmo, Metairie, LA, for Intervenor/Appellee.

(Court composed of Judge EDWIN A. LOMBARD, Judge PAUL A. BONIN, Judge DANIEL L. DYSART).

PAUL A. BONIN, Judge.

Phillips' Bar and Restaurant has operated at the same location in the University section of Uptown New Orleans for more than seventy years. The alcohol beverage outlet, or ABO, licenses are held by the corporation Phillips' Bar & Restaurant, Inc. The property on which Phillips' operates, that is the licensed premises, is owned by 733 Cherokee, L.L.C., as is an adjoining vacant lot, which Phillips' used as a patio for about seven years. There...

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