City of New Orleans v. Howard

SCHOTT, Judge.

Defendant, David Howard, has appealed from a judgment in favor of plaintiff, The City of New Orleans, enjoining him from operating a welding business in his home which is in an area zoned for residential use. The issues are whether defendant’s use of the property was a legal non-conforming use and thus exempt from residential use restrictions and whether the City’s action to enjoin defendant’s use was barred by the prescription of two years provided by LSA-R.S. 9:5625.

It was incumbent upon defendant to prove that his property was used for welding or similar commercial purposes…