Lawyer sues to shut down bar in French Quarter

Alejandro de los Rios Oct. 26, 2010, 3:28pm


New Orleans lawyer Frank D'Amico is listed as a plaintiff and counsel in a lawsuit filed in Orleans Parish Civil District Court aiming to shut down a bar near D'Amico's residence in the Vieux Carre neighborhood.

D'Amico, along with his wife Nancy and the non-profit groups Vieux Carre Property Owners and French Quarter Citizens Inc., are suing KMD Inc., which operates the Gold Mine Saloon. The plaintiffs seek a declaratory judgment finding that the bar has been operating illegally in a residential neighborhood.

New Orleans attorneys Alan Alario II, Stuart Smith and Barry Cooper Jr. filed the original petition in July 2009.

D'Amico enlisted as counsel in August 2009. The suit claims that the Gold Mine's owner, Barbara Bear (aka Barbara Brinks), is liable for violating zoning ordinances for noise and nuisance and is subject to loss of her liquor license.

An amended petition filed April 21 added Scottsdale Insurance and American Empire Surplus Lines and sought damages for loss of enjoyment of property, loss of enjoyment of life, diminished property value, anxiety and emotional distress.

New Orleans attorneys Bruce Parkerson and Scott Mason represent Scottsdale Insurance. They filed a motion for summary judgment to dismiss Scottsdale as a defendant, citing that Scottsdale's policy with Gold Mine "does not provide liability coverage." Plaintiffs dismissed Scottsdale with prejudice Oct. 25.

Lafayette attorney Richard Petre Jr. represents American Empire.

Petre filed a motion to set a jury trial for the case in August 2010. A case management order signed by Judge Herbert Cade set a five-day jury trial to begin in June 2011.

Orleans Parish Case 2009-08049

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