State ex rel. Dubos v. City of New Orleans

• Decision Date: 11 July 1923
• Docket Number: 25592
• Citation: 97 So. 445,154 La. 287
• Court: Louisiana Supreme Court
• Parties: STATE ex rel. DUBOS et al. v. CITY OF NEW ORLEANS et al

97 So. 445

154 La. 287

STATE ex rel. DUBOS et al. v. CITY OF NEW ORLEANS et al

No. 25592

Supreme Court of Louisiana

July 11, 1923

Appeal from Civil District Court, Parish of Orleans; Porter Parker, Judge.

Suit by the State, on the relation of Louis Dubos and others, against the City of New Orleans and others. Judgment for relators, and defendants appeal.

Judgment annulled, relators' demands rejected, and suit dismissed.

Ivy G. Kittredge, City Atty., and Rene A. Viosca, Asst. City Atty., both of New Orleans, for appellants.

McCloskey & Benedict, of New Orleans, for appellees.

O'NIELL, C. J. ROGERS, J., takes no part.

OPINION

O'NIELL, C. J.

This is one of the cases referred to in our opinion handed down to-day in the case of State ex rel. Civello v. City of New Orleans (No. 25566) 154 La. 271, 97 So. 440, ^[1] where the issues presented in this case were decided. The civil district court gave judgment in favor of the relators, in this mandamus proceeding, commanding the municipal authorities to issue to the relators, Louis and Emile Dubos, a permit to renovate their building at 7457 St. Charles avenue and to convert it into a grocery store, and to issue a permit to the relator, Piggly-Wiggly Stores, Inc., to conduct a grocery store on the premises. The business is forbidden there by municipal Ordinances No. 4655, No. 5653, and No. 5684.

For the reasons given in Civello's Case,

The judgment appealed from is annulled, and relators' demands are rejected, and their suit is dismissed, at their cost.

ROGERS, J., takes no part.

---------

Notes:

^[1]Ante, p. 271.

---------