# Dolsen v. City of New Orleans

> Louisiana Court of Appeal · May 25, 1989 · 544 So. 2d 1256

URL: https://www.frixlaw.com/law-library/cases/7574964

## Case

- **Full name:** Miriam C. DOLSEN v. CITY OF NEW ORLEANS and New Orleans Alcoholic Beverage Control Board
- **Court:** Louisiana Court of Appeal
- **Decided:** May 25, 1989
- **Citations:** 544 So. 2d 1256; 1989 La. App. LEXIS 1083; 1989 WL 55229
- **Precedential status:** Published
- **Opinion:** Concurrence by Lobrano
- **Judges:** Lobrano, Schott, Ward
- **Cited by:** 2 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/7574964

## Opinion text

LOBRANO, Judge,
concurs.
I concur in the result reached by the majority.
Mrs. Dolsen’s argument that the ordinance is unconstitutional on its face has no merit.
Her argument that it is unconstitutional as applied to the particular facts of this case, as the majority states, is not supported by the record.
More important however, her claim concerning deprivation of property rights because of loss of non-conforming status is premature. She has not been refused a liquor permit, nor has she complained of loss of her non-conforming status. At this point in time, she anticipates these occurrences and seeks an advisory opinion from this court. I would dismiss her petition for injunction relief on this basis.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7574964. Public record. Not legal advice.