# Trapani v. City of Kenner

> Louisiana Court of Appeal · April 11, 1978 · 357 So. 2d 910

URL: https://www.frixlaw.com/law-library/cases/7490074

## Case

- **Full name:** Earline Roussel TRAPANI v. CITY OF KENNER
- **Court:** Louisiana Court of Appeal
- **Decided:** April 11, 1978
- **Citations:** 357 So. 2d 910; 1978 La. App. LEXIS 3219
- **Precedential status:** Published
- **Opinion:** Dissent by Lemmon
- **Judges:** Lemmon, Lotta, Redmann
- **Cited by:** 1 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/7490074

## Opinion text

LEMMON, Judge,
dissents in part from the denial of the application for rehearing and assigns reasons.
Plaintiffs requested an amendment of the original zoning ordinance, specifying their desires as to the extent of the amendment. On the evidence in this record the City Council could not reasonably have refused to amend the original zoning ordinance, although the Council could reasonably have amended to a lesser extent than that requested by plaintiffs.
On reconsideration I believe the correct disposition of this appeal would be (1) to order the Council to amend the zoning ordinance and (2) to allow a reasonable period within which the Council must adopt an amendment, rezoning to a classification reasonably related to the evidence, and failure to amend within the period would result in the property becoming completely unzoned.
This disposition is more proper because the Council refused to amend the original zoning ordinance based on the good faith (but mistaken) belief that it could only grant or deny the specific rezoning requested by plaintiffs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7490074. Public record. Not legal advice.