Tulane sues over stadium

Kyle Barnett May 31, 2012, 11:00am

Tulane University

NEW ORLEANS – Tulane University has filed suit against the City of New Orleans for creating a temporary zoning district that would bar the university from building a new football stadium.

The Tulane University Educational Fund filed the suit in the Orleans Parish Civil District Court against the City of New Orleans on May 16.

Tulane claims the City Council created an Interim Zoning District (IZD) due to complaints one of the council members received from residents in the area nearby where the new stadium would be built. The plaintiff claims the motion passed the council with a 4-2 vote after only 10 minutes of testimony from those in opposition. Tulane claims the IZD is illegal and unenforceable.

The city is accused of attempting to go beyond its powers by disallowing the administrative branch of government from accepting a an application from the university to build the stadium, improperly depriving the mayor of his power and right to exercise veto power on the IZD, denying Tulane a fair hearing, denying Tulane fair use of its property, invalid spot zoning and taking Tulane's property without just compensation.

Damages sought include declaring the IZD illegal and unenforceable, enjoining the city from refusing to accept and act on applications for permits and licenses.

The Tulane University Educational Fund is represented by John M. Landis of New Orleans-based Stone Pigman Walther Wittman, LLC.

The case has been assigned to Division F Judge Christopher J. Bruno.

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