696 So. 2d 1020 | La. | 1997
Lead Opinion
In re New Orleans, City of; Vieux Carre Commission; — Plaintiffs); applying for supervisory and/or remedial writs; Parish of Orleans, Civil District Court, Div. “H”, No. 97-9958; to the Court of Appeal, Fourth Circuit, No. 97CW-1362.
Stay order denied. Writ denied.
Concurrence Opinion
concurs for the following reasons: I respectfully concur in the majority’s denial of the -writ. In my view, the exercise of this Court’s supervisory jurisdiction is not warranted, as there exists an adequate remedy on appeal. At present, the matter is on appeal to the Fourth Circuit. Should the court of appeal resolve the matter favorably to the City, the fence can be dismantled. I concur, however, to emphasize that the City presents a serious legal issue, which if not distinguishable, may be governed by this Court’s decision in City of New Orleans v. Board of Comm’rs of the Orleans Levee Dist.; 93-0690 (La. 7/5/94), 640 So.2d 237.
