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Sutter v. City of New Orleans

Court of Appeals of Louisiana, Fourth Circuit

February 28, 2018

GUIDO SUTTER
v.
CITY OF NEW ORLEANS

          APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2016-05952, DIVISION "N-8" Honorable Ethel Simms Julien, Judge

          Christopher J. Davidson John A. E. Davidson DAVIDSON & DAVIDSON, APLC COUNSEL FOR PLAINTIFF/APPELLANT

          Rebecca H. Dietz CITY ATTORNEY Churita H. Hansell DEPUTY CITY ATTORNEY Shawn Lindsay Melissa S. Quigley ASSISTANT CITY ATTORNEY COUNSEL FOR DEFENDANT/APPELLEE

          Court composed of Judge Roland L. Belsome, Judge Sandra Cabrina Jenkins, Judge Regina Bartholomew Woods

          Judge Roland L. Belsome

          This is a code violation case concerning a French Quarter residence. The appeal stems from an administrative adjudication against the Plaintiff, Guido Sutter, by the City of New Orleans, through the Vieux Carré Commission (VCC). The Plaintiff appeals the trial court's February 16, 2017, judgment denying relief and affirming the VCC's administrative adjudication. For the reasons set forth below, we affirm.

         STATEMENT OF FACTS AND PROCEDURAL HISTORY

         The Plaintiff owns a residence located at 740 Barracks Street, in New Orleans, Louisiana, where he has claimed a homestead exemption for the last several years.[1] On March 30, 2016, a VCC building inspector conducted an inspection of the property while workers were present, noting various violations. The violations included the following:

1. Working without required approval;
2. Roof repair without a permit;
3. Replacing gutters without a permit;
4. Damaged and missing glass doors;
5. Demolition by neglect;
6. Hazardous conditions due to portions of the building that may fall;
7. Defective or deteriorating walls;
8. Building not watertight due to deteriorated or ineffective ...

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