ZONING - LOUISIANA

Davenport v. City of Alexandria

Supreme Court of Louisiana - June 30, 2015 - So.3d - 2015 WL 3994850 - 2015-0454 (La. 6/30/15)

City sought mandatory injunction requiring removal of property owners’ carport, which had been constructed in violation of city code of ordinances. The District Court granted injunction but allowed owners 84 days to comply with city code requirements. The Court of Appeal affirmed. Owners filed petition for writ of certiorari.

The Supreme Court of Louisiana held that judgment allowing property owners time to remedy city code violations that occurred when they rebuilt their carport was entitled to suspensive effect after owners perfected suspensive appeal from judgment. Time allowed for compliance was provided in judgment as an alternative to full demolition.



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