Non-conforming use provision does not apply to new business at old site
Goppelt v. Ascension Parish Council, No. 2009 CA 1698, 2010 WL 1946670 (La. App. May 13, 2010)
Non-conforming use provision does not apply to new business at old site.
A panel of the Court of Appeal of Louisiana, First Circuit held that the Ascension Parish Council improperly granted a “non-conforming use license” to a new sexually oriented business, S. Barton Enterprises, LLC, d/b/a as Silhouettes, which sought to operate at the same site formerly occupied by the “grandfathered” Theron Ladner Enterprises, Inc., d/b/a Escapades. The court ruled that the “non conforming use provision . . . applies to the sexually oriented business entity in operation at the time the ordinance was passed and it does not apply to the building use or the land itself,” and, therefore, not to a newly established business on the same site.