Legal Opinion

City of New Orleans v. Degelos Bros. Grain Corp.

Louisiana Court of Appeal

Decided May 3, 1965No. 1728PublishedCited by 5 opinions

1Opinion of the Court

HALL, Judge.

The City of New Orleans and The Health Department of the City of New Orleans filed this suit seeking to enjoin Degelos Bros. Grain Corporation from using its dehydrating plant in any manner “which will create or cause to be created odors which are obnoxious, vile, stinking, irritating and/or nauseous to the citizens of New Orleans.” Four interventions were filed, one supporting plaintiffs’ side and three supporting the side of defendant. Following an extensive hearing on the rule nisi the Trial Court granted a preliminary injunction in plaintiffs’ favor prohibiting and enjoining…

2Cases cited2 opinions

  1. McGee v. Yazoo M. v. R. Co.Supreme Court of Louisiana · 1944
  2. Russell v. BartlettLouisiana Court of Appeal · 1961

3Cited by5 opinions

  1. Borenstein v. Joseph Fein Caterers, Inc.Louisiana Court of Appeal · 1971
  2. Dudenheffer v. CITY OF NEW ORLEANS, DEPT. OF SAFETY AND PERMITSLouisiana Court of Appeal · 1986
  3. American Tile & Terrazzo Co. v. KeilerLouisiana Court of Appeal · 1967
  4. Jefferson Lumber & Concrete Products, Inc. v. Jimco, Inc.Louisiana Court of Appeal · 1969
  5. City of New Orleans v. Degelos Bros. Grain Corp.Supreme Court of Louisiana · 1965

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