Legal Opinion

B. Samuel Co. v. Xavier University of Louisiana

Louisiana Court of Appeal

Decided January 27, 2011No. 2010-CA-1145Published

1Opinion of the Court

ARMSTRONG, Chief Judge.

| TPlaintiff-appellant, B. Samuel Company, Inc. (“Samuel”), appeals a judgment dated August 31, 2009, dismissing its claims pursuant to a Motion of Involuntary Dismissal filed by the defendant-appellee, Xavier University of Louisiana.

Samuel is a retail and wholesale distributor of building materials located in a warehouse at 939 South Jefferson Davis Parkway in New Orleans. The warehouse is bounded on three sides by the defen*561dant’s property, including a Xavier dormitory.

Pursuant to Article 15.2.6 of the City of New Orleans’ (“City”) Comprehensive Zoning Ordinance…

2Cases cited8 opinions

  1. PPG Industries, Inc. v. Bean DredgingSupreme Court of Louisiana · 1984
  2. Broussard v. VoorhiesLouisiana Court of Appeal · 2007
  3. Thornton ex rel. Laneco Construction Systems, Inc. v. LanehartLouisiana Court of Appeal · 1998
  4. Morgan v. City of New OrleansLouisiana Court of Appeal · 1994
  5. Falgout v. Louis-JeuneLouisiana Court of Appeal · 2001

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