APPEAL
FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2017-00836 C\W
2017-00894, DIVISION "A" Honorable Tiffany G.
Chase, Judge
Frank
G. DeSalvo Shannon R. Bourgeois FRANK G. DeSALVO, APLC
COUNSEL FOR PLAINTIFF/APPELLEE, WELLS ONE INVESTMENTS, LLC
Tanya
L. Irvin ASSISTANT CITY ATTORNEY Eraka W. DeLarge ASSISTANT
CITY ATTORNEY Adam J. Swensek CHIEF DEPUTY CITY ATTORNEY
Rebecca H. Dietz CITY ATTORNEY COUNSEL FOR
DEFENDANT/APPELLANT, THE CITY OF NEW ORLEANS
Court
composed of Judge Daniel L. Dysart, Judge Regina Bartholomew
Woods, Judge Terrel J. Broussard, Pro Tempore
Terrel
J. Broussard, Pro Tempore Judge
Appellee,
Wells One Investment, LLC, filed in the district court a
petition seeking a preliminary junction against Appellant,
the City of New Orleans. A hearing on the matter was held,
and the district court ruled in favor of
Appellee.[1]From this judgment, Appellant
appeals.[2]
A
review of the Judgment of the district court reveals it is
not a valid, final, appealable judgment. Any judgment
granting either a preliminary or a final injunction or a
temporary restraining order must describe, in reasonable
detail, and not by mere reference to the petition, or other
documents, the act or acts sought to be restrained. This
Court declines to exercise its supervisory jurisdiction to
review the Judgment. Accordingly, we dismiss the appeal,
without prejudice, and remand the matter to the district
court so that a valid final judgment may be rendered and
signed according to law.
FACTUAL
AND PROCEDURAL BACKGROUND
In
October 2016, Appellee made an offer to purchase a triplex
bearing municipal address 2739-41-41A Bruxelles Street, and
the offer was accepted. On November 9, 2016, Appellant,
through the Department of Safety and Permits, issued a
building permit #16-37197-RNVN to Prestige Facility
Maintenance Service, LLC, Appellee's general contractor.
This permit authorized Appellee to renovate the existing
triplex located at 2739-41-41A Bruxelles Street. On January
5, 2017, an act of cash sale was completed. In connection
with the sale, Appellee entered into a mortgage on the
property. On January 6, 2017, Appellee began renovation work
in accordance with the building permit. However, on January
12, 2017, an employee of Appellant issued to Appellee a Stop
Work Order on the grounds Appellee failed to obtain a
dumpster permit and the basement did not meet FEMA
requirements. Subsequently, Appellee was advised the property
was not zoned for a three-family dwelling, and Appellant
rescinded the permit.
On
January 27, 2017, Appellee filed in the district court a
"Verified Petition for Temporary Restraining Order,
Preliminary Injunction and Incorporated Memorandum in
Support." In the petition, Appellee prayed for relief in
the form of a temporary restraining order, and if it
prevailed on the preliminary injunction, Appellee prayed:
(1) The City of New Orleans through the Department of Safety
and Permits must accept payment of the dumpster permit fee
from plaintiff and withdraw the subject Stop Work Order for
the property located at 2739-41-41A Bruxelles Street; and
(2) The City of New Orleans through the Department of Safety
and Permits must reissue and/or re-activate building permit
#16-37197-RNVN allowing the plaintiff to continue to
refurbish the property located at 2739-41-41A Bruxelles
Street and permit that renovation to continue as a triplex.
On February 2, 2017, a rule to show cause hearing on
Appellee's application for preliminary injunction was
held. At the hearing, the specific relief to be granted for
the preliminary injunction was not discussed. The district
court granted Appellee's petition for a preliminary
injunction. Following, Appellant requested reasons for
judgment, and the district court issued reasons. On February
10, 2017, the district court signed the Judgment which
provided in pertinent part:
On February 2, 2017, a Rule to Show Cause on the application
for for [sic] Preliminary Injunction filed on behalf of Wells
One Investments, LLC came for hearing ...