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GARBER v. CITY OF NEW ORLEANS

No. 2016-CA-1298.

234 So.3d 992 (2017)

Charles GARBER, Edward C. Bonin, Rene Fransen, and Rodney Villarreal, v. The CITY OF NEW ORLEANS THROUGH The City Council and The CITY PLANNING COMMISSION.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 27, 2017.

Attorney(s) appearing for the Case

Justin L. Winch , WINCH, LAW FIRM, LLC, 650 Poydras Street; Suite 1407, New Orleans, LA 70130, Lloyd N. Shields , SHIELDS MOTT L.L.P., 650 Poydras Street, Suite 2600, New Orleans, LA 70130, Stuart H. Smith , STUART H. SMITH, LLC, 508 St. Philip Street, New Orleans, LA 70116, COUNSEL FOR PLAINTIFF/APPELLANT.

Rebecca H. Dietz , CITY ATTORNEY, Adam J. Swensek , CHIEF DEPUTY CITY ATTORNEY, Melissa S. Quigley , ASSISTANT CITY ATTORNEY, 1300 Perdido Street; Suite 5E03, New Orleans, LA 70112, COUNSEL FOR DEFENDANT/APPELLEE.

(Court composed of Judge Roland L. Belsome, Judge Joy Cossich Lobrano, Judge Marion F. Edwards, Pro Tempore).

This is a land use case. The owner of vacant commercial property in the French Quarter sought approval to remodel the structure and re-subdivide the lots in order to operate a Cuban restaurant: Café Habana. After the submission of several applications, the City of New Orleans, through both the Vieux Carré Commission...

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