Liuzza v. Simms
Supreme Court of Louisiana
Action by John Liuzza against Alpha P. Simms. Judgment granting temporary injunction, and defendant applies for writs of certiorari, mandamus, and prohibition.
1DissentBrunot, J.
Relator relies upon four grounds as reasons why the writs issued herein should be made peremptory:(1) The fire marshal cannot lawfully condemn or demolish property.(2) Act 175 of 1910 governs the demolition of buildings, and the provisions of the act were not followed in this case.(3) Injunction cannot issue to oust a party in possession.(4) A mandatory injunction cannot be issued ex parte before hearing on the merits.
It appears that the fire marshal by letter written to John Liuzza, the owner, condemned the building as a menace and fire hazard and ordered its destruction. Relat- or’s…
2Cases cited16 opinions
- State ex rel. Town of Jennings v. MillerSupreme Court of Louisiana · 1903
- State ex rel. Wells-Fargo Express Co. v. MartinSupreme Court of Louisiana · 1896
- State ex rel. Brown v. HoustonSupreme Court of Louisiana · 1883
- State ex rel. Rudy v. TomkiesSupreme Court of Louisiana · 1897
- State ex rel. Weber v. SkinnerSupreme Court of Louisiana · 1880
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