Legal Opinion

Spilsbury v. City of New Orleans

Louisiana Court of Appeal

Decided February 19, 2014No. 2013-CA-1258PublishedCited by 1 opinion

1Opinion of the Court

ROSEMARY LEDET, Judge.

| ,This is a zoning dispute. Sue Spils-bury and Lynn DiVincent (the “Plaintiffs”) appeal the trial court’s judgment denying the Plaintiffs’ rule to show cause why the decision of the Board of Zoning Adjustments (“BZA”) should not be overruled and reversed. For the reasons that follow, we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

The Plaintiffs co-own a two-family dwelling on 6027/6029 Memphis Street in the Lakeview area of Orleans Parish (the “Duplex”). In 1998, the Plaintiffs inherited the Duplex from their mother. At all pertinent times, they have used the structure as…

2Cases cited24 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Smith v. Cajun Insulation, Inc.Supreme Court of Louisiana · 1980
  3. Bunch v. Town of St. FrancisvilleLouisiana Court of Appeal · 1984
  4. Bd. of Com'rs of Orleans Levee Dist. v. Dept. of Natural ResourcesSupreme Court of Louisiana · 1986
  5. Unwired Telecom v. Parish of CalcasieuSupreme Court of Louisiana · 2005

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3Cited by1 opinion

  1. Yokum v. Funky 544 Rhythm & Blues CafeLouisiana Court of Appeal · 2018

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