Neighborhood association sues bar operating in residential location

Kyle Barnett Jan. 20, 2012, 4:30am

NEW ORLEANS - A New Orleans neighborhood association is suing a local bar for excessive noise and operating a commercial business in a residential zone.

The Third Street Neighborhood Association and it's manager, James F. Willeford, filed suit in Orleans Parish Civil District Court on Jan. 3 against Tracey's Bar and Restaurant located at 2604 Magazine St.

Willeford claims the defendant's property is too loud late at night, which causes physical and mental discomfort for area residents. The plaintiff also alleges Tracey's is a commercial entity operating in a residential zone, but was grandfathered in as it was in operation before rezoning. Tracey's owner, Jefferey S. Carreras, is accused of allowing excessive noise beyond that allowed by city code to continue in the property despite several complaints from neighbors.

The plaintiff claims Tracey's is responsible for devaluating adjacent properties, abusing the rights of ownership for those who live in the neighborhood and that residents have been denied peaceful enjoyment of their property due to the disturbance. The plaintiff is seeking to strip the bar of its liquor license and impose stricter policies on the bar regarding its noise level.

Willeford is representing the Third Street Neighborhood Association through his own New Orleans-based Willeford Law Firm.

The case has been assigned to Division Judge K Judge Herbert A. Cade.

Case number 2012-00032

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