Tolmas v. Parish of Jefferson

SEXTON, J. (Ad Hoc),

dissenting.

liThe majority opinion gives bare credence to the compromise entered into in this case between the parties in 1963, and posits the case as basically one of loss of a nonconforming use. I disagree, believing a larger issue is at hand.

While perhaps redundant, a review of the time line herein may be helpful.

• July 1957 — this subdivision, containing the subject property, is zoned commercial by parish ordinance.

• August 1958 — a comprehensive zoning ordinance is adopted by Jefferson Parish zoning the property as residential.

• October 1958 — a building permit is…