dissents.

On considering the petition of the rela-tors in the above entitled and numbered cause,

Ordered that the Honorable Luther F. Cole, Judge of the Nineteenth Judicial District Court, Parish of East Baton Rouge, issue a preliminary injunction staying defendant’s construction, bond to be posted in accordance with law, or show cause to the contrary in this Court on October 29, 1974.

is of the opinion this writ should not be granted. No showing is made that applicant is suffering any damage, irreparable or not, pending the outcome of the pending litigation. The builder is entitled to proceed at his risk.

In re: City of Baton Rouge (Baton Rouge Bank & Trust Co., Intervenor) applying for remedial writs.

Alternative writ granted. See Order.