Legal Opinion

Berry v. Volunteers of America, Inc.

Louisiana Court of Appeal

Decided December 23, 2015No. Nos. 15-CA-414, 15-CA-415PublishedCited by 1 opinion

1Opinion of the Court

JUDE G. GRAVOIS, Judge.

^Plaintiffs, Thelma, and Richard Berry, appeal a judgment in favor of defendant, the Parish of Jefferson, finding that the Parish’s action in calling for a zoning and land use study of a 23-acre area in Terry-town, Louisiana, that included the Berrys’ immovable property, which ultimately resulted in rezoning of the'Berrys’ property, was not arbitrary and capricious, and thus did'not constitute ¿'regulatory taking of the Berrys’ property. For the following reasons, we affirm the trial court’s judgment.

FACTS AND PROCEDURAL HISTORY

This matter, and the Berrys’ related suit…

2Cases cited16 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning AgencySupreme Court of the United States · 2002
  3. Goldblatt v. Town of HempsteadSupreme Court of the United States · 1962
  4. Associated Motors, Inc. v. BurkLouisiana Court of Appeal · 1929
  5. Canovsky v. GehrsenLouisiana Court of Appeal · 1927

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3Cited by1 opinion

  1. Clayland Farm Enterprises, LLC v. Talbot County, MarylandCourt of Appeals for the Fourth Circuit · 2021

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