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

> Louisiana Court of Appeal · February 12, 2014 · 2013 La.App. 4 Cir. 1062

URL: https://www.frixlaw.com/law-library/cases/4810490

## Case

- **Full name:** ESPLANADE RIDGE CIVIC ASSOCIATION v. The CITY OF NEW ORLEANS
- **Court:** Louisiana Court of Appeal
- **Decided:** February 12, 2014
- **Citations:** 2013 La.App. 4 Cir. 1062; 136 So. 3d 166; 2014 La. App. LEXIS 362; 2014 WL 700546
- **Precedential status:** Published
- **Opinion:** Concurrence by Lobrano
- **Judges:** Belsome, Lobrano, Tobias
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4810490

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4810490. Public record. Not legal advice.