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NEIGHBORS OF CLAY v. ZONING ADJUSTMENT

No. 2021-CA-0387.

335 So.3d 255 (2022)

NEIGHBORS OF 200 HENRY CLAY AVENUE and Audubon Riverside Neighborhood Association v. The BOARD OF ZONING ADJUSTMENT of the City of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

January 26, 2022.

Attorney(s) appearing for the Case

Henry W. Kinney, III , Jordan S. Varnado , KINNEY, ELLINGHAUSEN & DESHAZO, 1250 Poydras Street, Suite 2450, New Orleans, LA 70113-1806, COUNSEL FOR PLAINTIFFS/APPELLANTS, NEIGHBORS OF 200 HENRY CLAY AVENUE & AUDUBON RIVERSIDE NEIGHBORHOOD ASSOCIATION.

Shawn Lindsay , DEPUTY CITY ATTORNEY, Daniel T. Smith , ASSISTANT CITY ATTORNEY, Churita H. Hansell , CHIEF DEPUTY CITY ATTORNEY, Donesia D. Turner , CITY ATTORNEY, 1300 Perdido Street, Suite 5E03, New Orleans, LA 70112, COUNSEL FOR DEFENDANT/APPELLEE, CITY OF NEW ORLEANS.

(Court composed of Judge Terri F. Love, Judge Roland L. Belsome, Judge Regina Bartholomew-Woods).

Judge Terri F. Love

The Board of Zoning Adjustments of the City of New Orleans made a zoning verification regarding the placement of a new helistop being constructed for use by Children's Hospital. Plaintiffs sought review of the determination. The City filed exceptions of lack of procedural capacity and insufficiency of service of process because plaintiffs neither named the City as a party, nor served the City. The trial court granted the exceptions...

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