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CURRAN v. THE BD. OF ZONING ADJUSTMENTS

No. 90-CA-1441.

580 So.2d 417 (1991)

Mr. & Mrs. Patrick M. CURRAN v. The BOARD OF ZONING ADJUSTMENTS, Through its Chairman, Daisy MASON, the Department of Safety and Permits, Through its Director, Marcia St. Martin, and the City of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Not Considered June 18, 1991.

Writ Denied September 6, 1991.

Attorney(s) appearing for the Case

Allain F. Hardin, Fransen & Hardin, New Orleans, for plaintiffs/appellants.

William D. Aaron, Jr., Acting City Atty., Beverly J. Zervigon, Acting Chief Deputy City Atty., Kathy Lee Torregano, Deputy City Atty., Nadine Michele Ramsey, Asst. City Atty., New Orleans, for defendants/appellees.

Before GARRISON, ARMSTRONG, and PLOTKIN, JJ.

PLOTKIN, Judge.

This is an appeal from a variance granted by the Board of Zoning Adjustments (BZA) to William F. Bologna to enclose a carport area in violation of the requirement in the New Orleans Comprehensive Zoning Ordinance # 4264 M.C.S. that buildings be set back at least three feet from the property line. The decision was affirmed by a Civil District Court judge on Writ of Certioriari and Review. We reverse.

FACTS

William F. Bologna requested...

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