Convenience store sued over 'unpleasant' exhaust

By Kyle Barnett | Jul 26, 2012

NEW ORLEANS – A Virginia man is suing a business neighboring a property he owns in New Orleans, claiming exhaust it creates is unpleasant.

Maurice D. Slaughter filed suit against Samir and Bazzel Hamdan in the Orleans Parish Civil District Court on July 5. Slaughter claims the store owned by the Hamdan's, Mike's Food Store, has a commercial kitchen exhaust that encroaches on his property.

The plaintiff alleges the exhaust creates a fire hazard, produces smoke and emanates a nauseous smell making the property unpleasant and essentially unusable. Slaughter asserts the defendants have also dumped trash and building materials on his property and that people associated with the store often trespass on his property. The plaintiff also claims Mike's Food Store has an exit door that enters directly into the plaintiff's property and that his property has been broken into numerous times through this door. Lastly, the plaintiff claims the defendants have broken and torn up the sidewalk in front of his property.

The plaintiff is seeking to have the kitchen exhaust fan removed from the defendant's store, reimburse the plaintiff the cost for having trash removed from his property, restricting the defendants from trespassing and sealing the door through which people have broken into his property.

Slaughter is represented by Metairie-based attorney Cyril B. Burck of the Regan Law Firm, LLC.

The case has been assigned to Division A Judge Tiffany G. Chase.

Case no. 2012-06532.

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