CITY OF NEW ORLEANS v. HOWARD

No. 12471.

406 So.2d 718 (1981)

CITY OF NEW ORLEANS v. David HOWARD.

Court of Appeal of Louisiana, Fourth Circuit.

November 9, 1981.


Attorney(s) appearing for the Case

Evelyn F. Pugh, New Orleans, Salvador Anzelmo, City Atty., for plaintiff-appellee.

Wayne H. Scheuermann, Hammett, Leake & Hammett, New Orleans, for defendant-appellant.

Before REDMANN, SCHOTT and KLEES, JJ.


SCHOTT, Judge.

Defendant, David Howard, has appealed from a judgment in favor of plaintiff, The City of New Orleans, enjoining him from operating a welding business in his home which is in an area zoned for residential use. The issues are whether defendant's use of the property was a legal non-conforming use and thus exempt from residential use restrictions and whether the City's action to enjoin defendant's use was barred by the prescription of two years provided...

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