# Vieux Carre Property Owners Residents & Associations v. Brown

> Court of Appeals for the Fifth Circuit · December 16, 1994 · 40 F.3d 112

URL: https://www.frixlaw.com/law-library/cases/9413539

## Case

- **Full name:** VIEUX CARRE PROPERTY OWNERS RESIDENTS AND ASSOCIATIONS, INC., Plaintiff-Appellant, v. Lloyd Kent BROWN, Colonel, Defendant-Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** December 16, 1994
- **Citations:** 40 F.3d 112; 1994 WL 672980
- **Precedential status:** Published
- **Opinion:** Dissent by Justice
- **Judges:** Reavley, Jones
- **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/9413539

## Opinion text

JUSTICE, District Judge,
dissenting:
I wholly agree with the majority opinion, save for its ultimate conclusion that no meaningful relief is now available to plaintiff-appellant Vieux Carre. Vieux Carre I plainly hold that Vieux Carre “has standing to assert its claim for a declaratory judgment against the Corps.” Vieux Carre Property Owners v. Brown, 875 F.2d 453, 459 (5th Cir.1989). The majority opinion is clearly contrary to Vieux Carre I in this respect, and apparently fails to give recognition to the law of the case doctrine. North Miss. Communications v. Jones, 951 F.2d 652, 656 (5th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 184 , 121 L.Ed.2d 129 (1992).
I would reverse and remand this case, in order that Vieux Carre may pursue the remedy made available to it under Vieux Carre I.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9413539. Public record. Not legal advice.