City of New Orleans v. Louviere

Decision Date21 May 1951
Docket NumberNo. 19626,19626
Citation52 So.2d 751
CourtCourt of Appeal of Louisiana — District of US

James C. Gulotta, Metairie, for appellant.

Henry B. Curtis, City Atty. and Sidney C. Schoenberger, Asst. City Atty. New Orleans, for appellee.

REGAN, Judge.

Plaintiff, the City of New Orleans, through its Mayor and City Attorney, instituted this suit endeavoring to enjoin defendant, Charles Louviere, from using certain property, owned by him and located in an 'A' residential section, for commercial purposes, in contravention of the provisions of Ordinance No. 11,302 C.C.S., as amended, which is otherwise designated for the purposes of brevity as the Comprehensive Zone Law.

Defendant filed an exception of 'no cause or right of action', which was apparently overruled, and then answered denying that his property was being used for commercial purposes in violation of the aforementioned city ordinance.

From a judgment in favor of plaintiff, issuing a 'preliminary writ of injunction', defendant prosecutes this appeal.

The record reveals that the pertinent provisions of the Comprehensive Zone Law reads:

'Sec. 3. Use Regulations. 'A' Residence District. Be It Further Ordained, etc., That in the 'A' Residence District no building or premises shall be used and no building shall be hereafter erected or structurally altered, unless otherwise provided in this ordinance, except for one or more of the following uses:

'1. One-Family Dwelling

'2. Two-Family Dwelling * * *.'

Defendant is the owner of Lots 34, 35 and 36 in Square No. 321, bounded by Palmyra, South Olympia, Banks and South St. Patrick Streets, and he is renting part thereof for the parking and servicing of house trailers, six in number, together with at least six automobiles used to propel the trailers. He is compensated at the rate of $5.50 to $6 per week for each trailer. Each trailer is occupied by one family as living quarters. They contain facilities for cooking, eating, sleeping and in the rear of the area toilets and showers have been provided by the defendant. The trailers are detached from the automobiles and are then usually placed on blocks, thus raising the weight thereof from the wheels, although this is optional with the owners. Some of the trailers and the automobiles have been at this location for a period of six months.

Plaintiff contends that the defendant is using his property for commercial purposes, to-wit: the operation of a 'trailer court, wherein...

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10 cases
  • Napierkowski v. Gloucester Tp.
    • United States
    • New Jersey Supreme Court
    • April 20, 1959
    ...provisions of local ordinances: Town of Marblehead v. Gilbert, 334 Mass. 602, 137 N.E.2d 921 (Sup.Jud.Ct.1956); City of New Orleans v. Louviere, 52 So.2d 751 (La.Ct.App.1951). Cf. Michaels v. Township of Pemberton, 3 N.J.Super. 523, 67 A.2d 324 For example, the following cases hold a traile......
  • Town of Manchester v. Phillips
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • February 9, 1962
    ...within a restrictive covenant forbidding a 'garage, trailer, shack or hut * * * [to] be used for living purposes'); New Orleans v. Louviere, 52 So.2d 751, 752 (Ct.App.La.) (wheels not removed, placed on temporary blocks to preserve tires); Connor v. West Bloomfield Township, 207 F.2d 482, 4......
  • Your Home, Inc. v. City of Portland
    • United States
    • Maine Supreme Court
    • July 30, 1981
    ...Hussey v. Ray, 462 S.W.2d 45 (Tex.Civ.App.1970); and Manley v. Draper, 44 Misc.2d 613, 254 N.Y.S.2d 739 (1963). In New Orleans v. Louviere, 52 So.2d 751 (La.App.1951), the court upheld the exclusion of a trailer park (involving trailers on wheels attached to automobiles) from a residential ......
  • City of Crowley v. Prejean
    • United States
    • Court of Appeal of Louisiana — District of US
    • March 24, 1965 and electrical connections, is considered a commercial rather than a residential use of property. City of New Orleans v. Louviere, La.App.Orl., 52 So.2d 751. In our opinion, even though only one trailer space is rented within the tract designed to rent space for several trailers, s......
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