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CUPIT v. CITY OF NEW ORLEANS

No. 2012-CA-1708.

120 So.3d 862 (2013)

Val C. CUPIT, Joseph Wallace Johnson, Ralph Schindler and Reed Hess v. CITY OF NEW ORLEANS through the BOARD OF ZONING ADJUSTMENTS and the Department of Safety and Permits.

Court of Appeal of Louisiana, Fourth Circuit.

July 17, 2013.

Attorney(s) appearing for the Case

Shannon Casey Rodriguez , Michael I. Rodriguez, Jr. , Rodriguez Law Office, New Orleans, LA, for Plaintiff/Appellant.

Christy C. Harowski , Assistant City Attorney, Sharonda R. Williams , Chief of Litigation, Richard F. Cortizas , City Attorney, New Orleans, LA, for Defendant/Appellee.

Gary Clark , Roy M. Bowes , Joshua P. Matthews , Roy M. Bowes & Associates, Gretna, LA, Amicus Curiae.

(Court composed of Judge TERRI F. LOVE, Judge PAUL A. BONIN, Judge DANIEL L. DYSART).

TERRI F. LOVE, Judge.

Val C. Cupit, Joseph Wallace Johnson, Ralph Schindler, and Reed Hess (collectively "Plaintiffs") seek review of the district court's granting of the exception of no right of action filed by the City of New Orleans ("the City"). At the hearing on the exception of no right of action, the district court concluded that Plaintiffs have no standing to appeal a decision of the Board of Zoning Adjustments ("BZA") because

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