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ELLSWORTH v. CITY OF NEW ORLEANS

No. 2013-CA-0084.

120 So.3d 897 (2013)

Cheryl M. ELLSWORTH v. The CITY OF NEW ORLEANS and the City of New Fourth Circuit Orleans Board of Zoning Adjustments.

Court of Appeal of Louisiana, Fourth Circuit.

July 31, 2013.

Attorney(s) appearing for the Case

Edward Reed Washington, III , The Washington Law Group, LLC, New Orleans, LA, for Plaintiff/Appellee.

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

Jane Ettinger Booth , Kyla L. Rogers , Booth & Booth, APLC, New Orleans, LA, for Intervenor/Appellant.

(Court composed of Judge DANIEL L. DYSART, Judge ROSEMARY LEDET, Judge SANDRA CABRINA JENKINS).

ROSEMARY LEDET, Judge.

This is a zoning dispute. The property owner, Cheryl Ellsworth, made an after-the-fact request for a rear yard setback variance, which the City of New Orleans Board of Zoning Adjustments ("BZA") denied. On Ms. Ellsworth's appeal, the district court reversed the BZA's decision. From the district court's decision, the defendants (the City of New Orleans and the BZA) and the Intervenor (William David...

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