Opinion

Simmons v. Board of Zoning Adjustments

  • 338 So. 2d 752
  • 1976 La. App. LEXIS 3550
Court
Louisiana Court of Appeal
Filed
Oct 13, 1976
Status
Published
Author
Redmann
On the bench
Redmann, Samuel, Schott
Cited by
0 cases

The opinion

REDMANN, Judge.

Residence-owners whose lot adjoins the rear of a corner lot appeal from a judgment upholding New Orleans’ having granted permits for construction of an accessory building on that rear line.

We reject the argument that the zoning ordinance unconstitutionally differentiates by allowing construction on rear lines but not-side lines (here, the common line between the lots): art. 10 § 12(2) allows construction on [interior] side as well as on rear lines.

We also reject the argument that the neighbors’ having begun work (with expired permits) prior to obtaining (valid) permits should visit upon them some penalty other than the doubled or quadrupled permit fees of Building Code arts. 204-205. One has “the right to use, to enjoy and to dispose of one’s property in the most unlimited manner, provided it is not used in any way prohibited by laws or ordinances.” C.C. 491. The neighbors’ work was not, in substance, contrary to any ordinance. It was, in procedure, contrary to Building Code art. 201’s requirement of a permit: but that Code only penalizes work started without a permit, if the work is otherwise permittable, by increased permit fees.

Affirmed.

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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