Legal Opinion

Thomas E. Schafer, Jr., Charles A. Byrne, III v. The City of New Orleans, and New Orleans City Council, Intervenor-Appellee

Court of Appeals for the Fifth Circuit

Decided October 11, 1984No. 84-3279PublishedCited by 23 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

Property owners seek an injunction against enforcement of a City of New Orleans ordinance prohibiting the issuance of building permits for fast-food restaurants in a certain neighborhood until the City completes a study of the area. The district court held that this moratorium was not a zoning ordinance and therefore need not conform to Louisiana’s constitutional and statutory provisions for the adoption of such ordinances and that its enactment was not a denial of due process or equal protection. Relying on the temporary nature of the restriction, we affirm.

Thoma…

2Cases cited16 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  3. Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
  4. Young v. American Mini Theatres, Inc.Supreme Court of the United States · 1976
  5. Agins v. City of TiburonSupreme Court of the United States · 1980

11 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. FM Properties Operating Co. v. City of AustinCourt of Appeals for the Fifth Circuit · 1996
  2. Jackson Court Condominiums, Inc. v. City of New OrleansCourt of Appeals for the Fifth Circuit · 1989
  3. Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning AgencyCourt of Appeals for the Ninth Circuit · 2000
  4. Geisler v. CITY COUNCIL OF CEDAR FALLSSupreme Court of Iowa · 2009
  5. Jackson Court Condominiums, Inc. v. City of New OrleansDistrict Court, E.D. Louisiana · 1987

18 more not listed; retrieve them via the Exa API.

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