Hignell et al v. City of New Orleans
| Louisiana Eastern District Court | |
| Judge: | Ivan Lr Lemelle |
| Referred: | Janis Van Meerveld |
| Case #: | 2:19-cv-13773 |
| Nature of Suit | 290 Real Property - All Other Real Property |
| Cause | 28:1331(a) Fed. Question: Real Property |
| Case Filed: | Nov 22, 2019 |
| Re-opened: | Oct 25, 2023 |
| Terminated: | Sep 27, 2023 |
| Last checked: Wednesday May 20, 2020 3:46 AM CDT |
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Defendant
New Orleans City
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Movant
Faubourg Marigny Improvement Association
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Movant
Vieux Carre Property Owners, Residents and Associates, Inc.
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Plaintiff
Russell Frank
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Plaintiff
Melissa Hignell
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Plaintiff
Garett Majoue
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Plaintiff
Bob McRaney
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Plaintiff
Samantha McRaney
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Plaintiff
White Spider Rental Concierge LLC
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Plaintiff
Jimmie Taylor
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GPO
Aug 06 2020
ORDER AND REASONS denying 35 Motion for Partial Summary Judgment. FURTHER ORDERED that 48 Motion for Summary Judgment is granted, as set forth in document. Signed by Judge Ivan L.R. Lemelle on 08/06/2020. (ko) |
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GPO
Jul 09 2021
OPINION re 70 Order, 69 Order and Reasons. Signed by Judge Ivan L.R. Lemelle on 7/9/2021.(pp) |
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GPO
Sep 14 2021
ORDER AND REASONS: IT IS ORDERED that the 76 Motion for Entry of Final Judgment is granted on all claims except the 42 U.S.C. 1988 claims, with jurisdiction retained over §1988 claims. Signed by Judge Ivan L.R. Lemelle on 9/14/2021. (pp) |
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GPO
Oct 18 2022
ORDER AND REASONS: IT IS ORDERED that plaintiff's 111 motion for declaratory judgment is STAYED to promote previously directed opportunities for amicable resolution on relief issues. IT IS FURTHER ORDERED that defendant's 116 motion to extend time to respond, or in the alternative, motion for expedited status conference and 117 motion for expedited consideration are DISMISSED as moot, without prejudice. Signed by Judge Ivan L.R. Lemelle on 10/18/2022. (Reference: 19-cv-13773; 22-cv-02991)(pp) |
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GPO
Sep 06 2023
ORDER AND REASONS denying 186 Motion to Intervene. Signed by Magistrate Judge Janis van Meerveld on 9/6/2023. (Reference: 19-13773) (rt) |
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GPO
Feb 28 2024
OPINION: For the foregoing reasons, A. Hignell plaintiffs' 170 motion for summary judgment is: a. Granted in part to allow natural persons with usufructuary or trust beneficiary interests to become owners and/or operators of residential STRs; and denied concerning juridical corporate entities seeking the same status; and b. Denied in all other respects. B. Marquart plaintiff's 228 motion for summary judgment is: a. Granted insofar as she has shown a Takings Clause violati2024. (Reference: All Cases) (dw)on of a fundamental right to retain her STR permits until their expressed expiration dates; and b. Denied in all other respects. C. The City's 172 and 227 motions for summary judgment are: a. Granted in part by dismissing the following issues raised by Hignell plaintiffs: claims not asserted in Hignell plaintiffs amended complaint; challenge to City authority to regulate residential STRs based on duration; objections to operator-residency requirement; objections to excluding juridical corporate entities from becoming owners or operators of residential STRs; challenge to use of a lottery system limiting residential STR permits to one permit per blockface; First Amendment objections; Fourteenth Amendment equal protection and due process objections relative to the exclusion corporate entities, requirement for commercial liability insurance, and prohibition of commercial use of residential STRs or uses requiring a special event permit, and claims asserting unlawful taking or denial of fundamental use of private property; and challenges to locality restrictions; objections to producing tax information, redacted guest registration records, and conducting property searches; and b. Denied concerning restrictions against natural persons who are usufructuaries and trust beneficiaries. c. Granted in part by dismissing Marquart plaintiff's request for an extension of existing injunctive relief orders beyond their current deadlines and limiting potential damage award for the Takings Clause violation to encompass a period ending on or about August 31, 2023, subject to later reconsideration. D. Damages, Attorney Fees, Costs, and other potential relief: Because plaintiffs have prevailed on some of their substantive claims as noted above, they may be entitled to limited damages, attorney fees, costs, and possibly other awards. Accordingly, no later than March 29, 2024 they may file appropriate motions. Signed by Judge Ivan L.R. Lemelle on 2/27/ |
| Docket last updated: 1 hours ago |
| Wednesday, May 01, 2024 | ||
| 279 | 279
motion
Miscellaneous Relief Continue
Wed 05/01 2:05 PM
MOTION clarification regarding status of matter pending appeal , MOTION to Continue by New Orleans City. Motion(s) will be submitted on 5/22/2024. (Macnamara, Mark) |
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Att: 1
Memorandum in Support,
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Att: 2
Notice of Submission
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| Tuesday, April 30, 2024 | ||
| 278 | 278
motion
Miscellaneous Relief Continue
Tue 04/30 6:23 PM
MOTION clarification regarding status of matter pending appeal , MOTION to Continue by New Orleans City. Motion(s) will be submitted on 5/22/2024. (Macnamara, Mark) |
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Att: 1
Notice of Submission
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