A New Orleans neighborhood association is suing the city for its part in overturning an Historic Landmarks Association ruling that disallowed property owners from demolishing part of an historic home.
The Esplanade Ridge Civic Association filed suit on Dec, 20 against the City of New Orleans in Orleans Parish Civil District Court.
The suit seeks to block the partial demolition of an historic property. The city council originally voted down a proposal by the property owners at 2535 Esplanade Ave. that would have allowed an off-street parking waiver variance. The property owners then sought permission from the Historic District Landmarks Commission who voted down a proposal to demolish part of the building to allow for more parking. The property owners then took their demolition request to the Board of Zoning Adjustment who passed it by one vote.
The plaintiff asserts the Board of Zoning Adjustment has no jurisdiction to allow the demolition, the proposed facility goes against zoning regulations, the facility would not be allowed under current law, the board cannot rehear the variance request and that reclassifying the property should be considered illegal spot zoning.
The association is being represented by Thomas W. Milliner of Metairie-based Anzelmo, Milliner and Burke.
The case has been assigned to Division M Judge Paulette R. Irons.
Case number 2011-13047