Spinato v. Lowe

It is my view that evidence should have been heard by the lower court as to whether Mr. Spinato was still violating the City’s zoning law governing the Vieux Carre.

The fact that he had been violating it when the first case was tried (113 So.2d 73) is not conclusive that he was violating it when this cause was heard in the court below. It could be that he had ceased the violation found by the Court of Appeal.