Jefferson Parish sued by building owner over permit revocation

Michelle Massey Oct. 25, 2010, 3:20am

A Jefferson Parish building owner claims his due process rights have been violated because a previous tenant violated city ordinances.

Joseph S. Ancona, Jr. filed suit against Jefferson Parish on Oct. 14 in federal court in New Orleans over property he owns at 3208 N. Arnoult Drive in Metairie.

According to the complaint, Ancona had leased the ground floor to a bar named 3 Quarter Time, which had violated ordinances in March. Ancona evicted the tenant and the city did not renew its business permit.

Since the incident, Ancona states he has not been able to lease out the premises because Jefferson Parish has deemed his property off-limits for anyone to receive a permit to operate a bar.

The defendant is accused of violating Ancona's due process rights, impairment of contract and taking by decreasing the value of the premises.

The plaintiff is asking the court to issue an injunction preventing Jefferson Parish from continuing to punish him by deeming his property as off-limits for anyone to obtain a permit to operate a bar and for an award of damages for the loss in revenue, compensation for aggravation and distress, punitive damages, interest, costs and attorney's fees.

Ancona is represented by Keith B. Hall of Stone Pigman Walther Wittman in New Orleans. A jury trial is requested.

U.S. District Judge Kurt D. Engelhardt is assigned to the case.

Case No. 2:10-cv-03618

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