City of New Orleans v. Board of Directors

Supreme Court of Louisiana
City of New Orleans v. Board of Directors, 696 So. 2d 1020 (La. 1997)
1997 La. LEXIS 2200; 1997 WL 412113
Calogero, Grant, Johnson, Lemmon, Stay

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.

Reference

Full Case Name
CITY OF NEW ORLEANS and the Vieux Carre Commission v. BOARD OF DIRECTORS OF THE LOUISIANA STATE MUSEUM, James Sefcik, Tammany Contracting Company, and the Department of Culture, Recreation and Tourism
Cited By
2 cases
Status
Published