Opinion

Esplanade Ridge Civic Ass'n v. City of New Orleans

  • 2013 La.App. 4 Cir. 1062
  • 136 So. 3d 166
  • 2014 La. App. LEXIS 362
  • 2014 WL 700546
Court
Louisiana Court of Appeal
Filed
Feb 12, 2014
Status
Published
Author
Lobrano
On the bench
Belsome, Lobrano, Tobias
Cited by
11 cases

The opinion

LOBRANO, J.,

concurs with reasons.

I agree with the majority’s finding that the proposed use of the facility located at 2535 Esplanade Avenue, including the use of a case management office on site, is permitted in a RM-3 Multiple-Family Residential District. I also agree with the majority’s finding that the facility closely resembles an apartment building or as stated in the RM-3 Multiple-Family District, a “multiple family dwelling” rather than a “residential care center.” However, I disagree with the majority’s application of the federal Fair Housing Act, 42 U.S.C.A. §§ 3601 , et seq. The issue regarding GCHP Esplanade’s requests for zoning variances and reasonable accommodations under the FHA is moot because we find that this type of facility is permitted *173 in a RM-3 Multiple-Family Residential District.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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