City of Kenner v. Southeast Equipment Co.

WICKER, Judge.

This appeal arises from a petition for injunctive relief filed on behalf of the City of Kenner against Southeast Equipment Company, Inc. and Thomas Benigno seeking to enjoin the expansion of a nonconforming use in an area zoned two-family residential. The trial judge granted a permanent injunction. The defendants have appealed. We reverse.

After the hearing on the preliminary injunction on May 23, 1986 and August 12, 1986 the trial judge denied relief. There was no stipulation that the trial court would consider both the preliminary and permanent injunction hearings at one time.…