Opinion

Park Supply Co. v. St. Tammany Parish

  • 504 So. 2d 987
  • 1987 La. App. LEXIS 8954
Court
Louisiana Court of Appeal
Filed
Mar 4, 1987
Status
Published
Author
Shortess
On the bench
Carter, Lottinger, Shortess
Cited by
1 cases

The opinion

SHORTESS, Judge,

dissenting.

It seems fairly obvious to me that plaintiff has been denied equal protection of the law. The trial court’s reasons for judgment show that plaintiff intended to operate an uncomplicated commercial establishment on subject property. Yet the trial court found, and the majority here affirms, that plaintiff’s business would endanger the health and safety of the adjacent residents.

The record shows that plaintiff intends to operate a plumbing supply house during reasonable hours, to employ up to 13 people, to operate three to four trucks, and to receive 35 to 40 material deliveries per month. In my opinion, a finding that such a business creates a hazard to the health and safety of adjacent residents is clearly wrong.

Accordingly, I dissent.

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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