Redfearn v. Creppel

455 So. 2d 1356
CourtSupreme Court of Louisiana
DecidedSeptember 10, 1984
Docket83-C-2188
StatusPublished
Cited by40 cases

This text of 455 So. 2d 1356 (Redfearn v. Creppel) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Redfearn v. Creppel, 455 So. 2d 1356 (La. 1984).

Opinion

455 So.2d 1356 (1984)

Mr. & Mrs. Robert Leland REDFEARN, Mr. & Mrs. W. Scott Gibson and Harry T. Howard, III
v.
Clara Binet, wife/of and Jacques Jules CREPPEL D/B/A Columns Hotel.

No. 83-C-2188.

Supreme Court of Louisiana.

September 10, 1984.

*1357 Brod Bagert, Dwan S. Hilferty, Bagert & Hilferty, New Orleans, for applicants.

Jarrell E. Godfrey, Jr., L. Havard Scott, III, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, for respondent.

DENNIS, Justice.

Plaintiffs, New Orleans homeowners in the neighborhood of 3800 St. Charles Avenue, instituted this suit to enjoin defendants, Mr. & Mrs. Jacques J. Creppel, owners of the Columns Hotel at 3811 St. Charles Avenue, from operating a hotel, restaurant and bar at that address in violation of the city zoning ordinance. The trial court found that the hotel and restaurant constitutes a valid nonconforming use but that the operation of a barroom or cocktail lounge is an impermissible expansion of that use. Accordingly, the trial court enjoined the hotel owners from operating a bar or cocktail lounge or serving alcoholic beverages except at private parties. The hotel owners appealed suspensively, and the homeowners answered the appeal demanding that the judgment be modified to enjoin not only the bar and lounge but also the hotel and restaurant.

*1358 The court of appeal, 436 So.2d 1210, agreed with the trial court that the hotel and restaurant constitute a nonconforming use and that the operation of a cocktail lounge should be prohibited as an improper expansion of the nonconforming use. Additionally, the court of appeal apparently found that the restaurant has been expanded impermissibly beyond its former size and that the use of former sleeping rooms for meetings, parties and receptions also constitutes an improper expansion of the nonconforming use. The appeals court apparently found, however, that the sale of alcoholic beverages in connection with the restaurant is permissible as an accessory use. Ultimately, the court of appeal affirmed an amended judgment of injunction incorporating these terms and conditions but also remanding the case to the trial court for a determination of the size of the restaurant before the Creppels began renovating.

The hotel owners applied for and were granted certiorari by this court. The homeowners did not seek to modify the court of appeal judgment. We affirm in part, reverse in part and remand to the trial court.

The Columns Hotel is located in a Multiple Family Residential District (RM-3) according to the city zoning ordinance. Hotel operation is not a permitted use of property in that district. However, the Columns Hotel was built long before the enactment of zoning regulations designating the neighborhood as a residential district. The evidence reflects that the Columns was in operation as a hotel prior to 1885. Mr. and Mrs. Jacques J. Creppel bought the hotel in 1980 and remodeled the interior. The record reflects that the Creppels effected some changes in the use of the rooms in the building. One first floor bedroom was converted to a bar. Two other bedrooms on the ground level, which had previously been one ballroom, were reconverted to one large room.

The operation of the bar, the catering to parties, receptions and political gatherings in the meeting room, and intensified operation of the restaurant caused increased parking and traffic which led the homeowners to file this suit.

At the commencement of this lawsuit the space within the Columns was devoted to the following uses: hotel (22 bedrooms with 14 baths and one kitchenette); bar or cocktail lounge (one former bedroom); meeting room (two former bedrooms); and restaurant.

In their first assignment of error the relator hotel owners contend that the injunction should not have issued because the Columns Hotel is a legal nonconforming use. As we understand the court of appeal and trial court judgments, however, relators can have no complaint as to the judgments on this score. Both previous courts concluded that the hotel and restaurant constitute a nonconforming use. The only disputed issues before us are whether the lower courts erred in restricting or disallowing expansion of the restaurant, operation of the bar or cocktail lounge and operation of the meeting room as unauthorized changes, expansions or extensions of a nonconforming use.

In their second assignment of error relators argue that the bar, restaurant and meeting room should be permitted without restriction as uses accessory to the nonconforming hotel use. A proper response to these arguments requires a brief examination of the precepts concerning nonconforming uses which have been developed by the jurisprudence and enacted as part of the zoning ordinance.

A use which lawfully existed prior to the enactment of a zoning ordinance, and which is maintained after the effective date of the ordinance although it does not comply with the use restrictions applicable to the area in which it is situated, is commonly referred to as "nonconforming use." 1 Anderson, American Law of Zoning, § 6.01. Cf. 8A McQuillan, Municipal Corporations 3d ed., § 25.185; Black's Law Dictionary 948 (5th ed. 1979). The permitted continuation of a nonconforming use is designed to avoid the hardship, injustice and doubtful constitutionality of compelling *1359 the immediate removal of objectionable buildings and uses already in the area. Fuller v. City of New Orleans, 311 So.2d 466 (La.App. 4th Cir.1975); City of Lake Charles v. Frank, 350 So.2d 233, 235 (La. App. 3rd Cir.1977); Gauthier v. Village of Larchmont, 30 A.D.2d 303, 291 N.Y.S.2d 584, 586 (1968); 101 C.J.S. Zoning § 181. The purpose of zoning ordinances is to confine certain classes of buildings and uses to certain localities. Beerwort v. Zoning Board of Appeals, 144 Conn. 731, 137 A.2d 756 (1958); 1 Anderson, American Law of Zoning 2d § 6.07 ed (1976). Because a nonconforming use is inconsistent with this objective, it should, consistently with the property rights of the individuals affected and substantial justice, be viewed narrowly and have all doubts resolved against continuation or expansion of the nonconformity. City of Lake Charles v. Frank, 350 So.2d 233 (La.App. 3rd Cir. 1977); County of Ada v. Schemm, 96 Idaho 396, 529 P.2d 1268, 1270 (1974); Monoco Oil Co. v. Pittsford, 59 Misc.2d 750, 300 N.Y.S.2d 488, 492 (1969); Norton Shores v. Carr, 81 Mich.App. 715, 265 N.W.2d 802, 805 (1978).

The general rule is that the continuance of a nonconforming use is a continuance of the same use and not some other kind of use. Kensington Realty Holding Corp. v. Jersey City, 118 N.J.L. 114, 191 A. 787 (1937), aff'd 119 N.J.L. 338, 196 A. 691. The established use may be continued; a different use inconsistent with the zoning regulations is not authorized. Wentworth Hotel Inc. v. New Castle, 112 N.H. 21, 287 A.2d 615, 619 (1972); San Diego County v. McClurken, 37 Cal.2d 683, 234 P.2d 972. Most municipalities have enacted ordinances, however, which permit substitution of nonconforming uses under certain circumstances. The New Orleans Zoning ordinances provide that:

Section 4.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hignell v. City of New Orleans
E.D. Louisiana, 2024
Williams v. ABC Insurance Co.
209 So. 3d 411 (Louisiana Court of Appeal, 2016)
Nugent v. Car Town of Monroe, Inc.
206 So. 3d 369 (Louisiana Court of Appeal, 2016)
Faubourg Marigny Improvement Ass'n v. City of New Orleans
195 So. 3d 606 (Louisiana Court of Appeal, 2016)
Mannino's P & M Texaco Service Center, Inc. v. City of New Orleans
173 So. 3d 1186 (Louisiana Court of Appeal, 2015)
Vieux Carre Property Owners v. City of New Orleans
216 So. 3d 873 (Louisiana Court of Appeal, 2015)
Spilsbury v. City of New Orleans
136 So. 3d 253 (Louisiana Court of Appeal, 2014)
Phillips' Bar & Restaurant, Inc. v. City of New Orleans
116 So. 3d 92 (Louisiana Court of Appeal, 2013)
Tolmas v. Parish of Jefferson
80 So. 3d 1260 (Louisiana Court of Appeal, 2011)
Salem v. City of Alexandria
56 So. 3d 457 (Louisiana Court of Appeal, 2011)
Mike Salem v. City of Alexandria
Louisiana Court of Appeal, 2011
Williams v. Parish of St. Bernard
49 So. 3d 520 (Louisiana Court of Appeal, 2010)
Cordes v. Board of Zoning Adjustments & Audubon, LLC
31 So. 3d 504 (Louisiana Court of Appeal, 2010)
Joubert v. City of New Orleans, Office of Safety & Permits
30 So. 3d 186 (Louisiana Court of Appeal, 2010)
City of Okoboji v. Okoboji Barz, Inc.
746 N.W.2d 56 (Supreme Court of Iowa, 2008)
FQCPRQ v. Brandon Investments, LLC
930 So. 2d 107 (Louisiana Court of Appeal, 2006)
Craig v. City of New Orleans Board of Zoning Adjustments
903 So. 2d 530 (Louisiana Court of Appeal, 2005)
Opinion Number
Louisiana Attorney General Reports, 2004

Cite This Page — Counsel Stack

Bluebook (online)
455 So. 2d 1356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/redfearn-v-creppel-la-1984.