Bar claims Fat City early closing ordinance will cause economic loss

Michelle Massey Oct. 12, 2010, 9:49am

City Bar has filed a lawsuit against Jefferson Parish in an effort to prevent enforcement of new zoning regulations in Fat City.

Yur-Mar, LLC. filed suit against Jefferson Parish, Jefferson Parish Council and Newell Normand, Sheriff for the Parish of Jefferson, on Sept. 27 in federal court in New Orleans.

Yur-Mar obtained an occupational license and alcoholic beverage permit for its business in 2006. The bar conducts the majority of its business between the hours of 11:00 p.m. and 5:00 a.m. on Thursday, Friday and Saturday, the suit claims.

Under the Fat City Redevelopment Strategic Implementation Plan, certain alcoholic beverage outlets will be forced to cease operations on Saturday morning and Sunday morning at 1:00 a.m.

The plaintiff argues the implementation of this amendment will constitute a constructive taking of its property interest, without compensation and without due process of law.

"The defendants' actions in changing and enforcing the new operating hours will result in substantial economic loss and the plaintiff will suffer immediate and irreparable injury if a permanent injunction is not issued herein restraining and enjoining the defendants from enforcing the proposed changes to plaintiff's operating hours," the lawsuit states.

In addition to the permanent injunction, Yur-Mar is seeking damages for loss of profits, loss of earnings, consequential and incidental damages, exemplary or punitive damages.

The company is represented by Metairie attorney Anthony L. Glorioso.

U.S. District Judge Martin L.C. Feldman is assigned to the case.

Case No. 2:10cv03293

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