CITY, NEW ORLEANS v. BOARD OF DIRECT., 97-1817 (La. 7/10/97); 696 So.2d 1020

CITY OF NEW ORLEANS AND THE VIEUX CARRE COMMISSION v. BOARD OF DIRECTORS OF THE LOUISIANA STATE MUSEUM, JAMES SEFCIK, TAMMANY CONTRACTING COMPANY, AND THE DEPARTMENT OF CULTURE, RECREATION AND TOURISM

No. 97-CC-1817Supreme Court of Louisiana.
July 10, 1997

IN RE: New Orleans City of; Vieux Carre Commission; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs; Parish of Orleans Civil District Court Div. “H” Number 97-9958; to the Court of Appeal, Fourth Circuit, Number 97CW-1362.

Stay order denied. Writ denied.

WFM

CDK

JPV

CDT

JTK

CALOGERO, C.J. 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 New Orleans Levee Dist.; 93-1690 (La. 7/5/94), 640 So.2d 237.

LEMMON, J. not on panel.

JOHNSON, J. would grant the stay.

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