Supreme Court of Louisiana, 1997

City of New Orleans v. Board of Directors

City of New Orleans v. Board of Directors
Supreme Court of Louisiana · Decided July 10, 1997 · Calogero, Grant, Johnson, Lemmon, Stay
696 So. 2d 1020; 1997 La. LEXIS 2200; 1997 WL 412113 (Southern Reporter, Second Series)

City of New Orleans v. Board of Directors

Opinion of the Court

In re New Orleans, City of; Vieux Carre Commission; — Plaintiffs); applying for supervisory and/or remedial writs; Parish of Orleans, Civil District Court, Div. “H”, No. 97-9958; to the Court of Appeal, Fourth Circuit, No. 97CW-1362.

Stay order denied. Writ denied.

Concurring Opinion

CALOGERO, C.J.,

concurs for the following reasons: I respectfully concur in the majority’s denial of the -writ. In my view, the exercise of this Court’s supervisory jurisdiction is not warranted, as there exists an adequate remedy on appeal. At present, the matter is on appeal to the Fourth Circuit. Should the court of appeal resolve the matter favorably to the City, the fence can be dismantled. I concur, however, to emphasize that the City presents a serious legal issue, which if not distinguishable, may be governed by this Court’s decision in City of New Orleans v. Board of Comm’rs of the Orleans Levee Dist.; 93-0690 (La. 7/5/94), 640 So.2d 237.

JOHNSON, J., would grant the stay. LEMMON, J., not on panel.

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