Miller v. de La Vergne

BARNETTE, Judge.

This is a suit brought by a residential property owner against the owners of adjacent residential property in a “B-Two Family District” as defined by the Comprehensive Zoning Ordinance of the City of New Orleans to enjoin the alleged nonconforming use of defendants’ property as a six-apartment dwelling. The defense is based upon a preexisting nonconforming use status enjoyed by defendants’ property. The plaintiff’s contention is that the nonconforming use status claimed has been lost by reason of the “attic apartment” in defendants’ property having been vacant for a period in…