Legal Opinion · Dissent

Antunez v. City of New Orleans Board of Zoning Adjustments

Louisiana Court of Appeal

Decided February 24, 2016No. 2015-CA-0406Published

1DissentBonin, J.

|tI respectfully dissent. Because I conclude that the district judge did not err when he found that the Board of Zoning Adjustments was arbitrary and capricious in its denial of the Antunezes variance request, I would affirm the district court’s ruling. I, therefore, respectfully dissent and explain my reasons.

A party aggrieved by a decision of the Board of Zoning Adjustment is entitled to judicial review by a district court through a writ of certiorari directed to the Board. See La. R.S. 33:4727 E; Vieux Carre Property Owners v. City of New Orleans, 14-0825, p. 7 (La.App. 4 Cir. 4/15/15), -…

2Cases cited7 opinions

  1. Denoux v. Vessel Management Services, Inc.Supreme Court of Louisiana · 2008
  2. Coliseum Square Ass'n v. City of New OrleansSupreme Court of Louisiana · 1989
  3. Gertler v. City of New OrleansLouisiana Court of Appeal · 1977
  4. Coston v. SeoLouisiana Court of Appeal · 2012
  5. Esplanade Ridge Civic Ass'n v. City of New OrleansLouisiana Court of Appeal · 2014

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