Legal Opinion · Concurrence

New Orleans Great Northern Railway Co. v. City of New Orleans

Louisiana Court of Appeal

Decided August 1, 1974No. 6311Published

1ConcurrenceSchott, Judge

The railroad’s case is based upon the presumption that what is being assessed by the city is the land which is under lease to the city “for street purposes and for other public purposes,” but this is not a valid presumption in the first instance and consequently the railroad’s case must fall.

The paving ordinance in question provides for the construction of subsurface improvements and surfacing on a number of streets, including “Alvar St. (lower roadway) from Industry St. to Almonaster Ave.” The ordinance is adopted pursuant to Section 7-102(2) of the Home Rule Charter of the City of New…

2Cases cited2 opinions

  1. City of Alexandria v. Chicago, Rock Island & Pacific RailroadSupreme Court of Louisiana · 1961
  2. Town of De Quincy v. WoodSupreme Court of Louisiana · 1946

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