Tolmas v. Parish of Jefferson

I,Plaintiff Morning Park, L.L.C. moved to recuse a member of the court of appeal panel that heard this case. The remaining members of the panel denied the motion to recuse. We reverse that ruling, vacate the decision of the court of appeal, and transfer the case to the Court of Appeal, Second Circuit, to hear the case anew.

The underlying issue presented in this case is whether property along a major thoroughfare in Metairie, Louisiana, currently zoned residential, may be occupied commercially because of a permanent injunction secured by the current landowner’s ancestor in title preventing the…