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Two Appellate Victories On Same Day
On May 25, 2016 a three judge panel of the Louisiana Fourth Circuit Court of Appeal affirmed the decision of Judge Richard Ganucheau, Judge Ad Hoc of the Civil District Court for the Parish of Orleans who had ruled in favor of the Board of Trustees of the Smoking Cessation Trust finding that R. J. Reynolds Tobacco and other tobacco company defendants were not entitled to receive information from the Trustees as to how the trust funds were being spent. The Smoking Cessation Trust was created to administer the nearly $300 Million of settlement funds placed in the registry of the Civil District Court for the Parish of Orleans by the tobacco defendants in settlement of the class action lawsuit entitled Gloria Scott et al vs The American Tobacco Company, Inc. et al. In ruling for the Board of Trustees the three judge panel consisting of Judges Terri Love, Roland Belsome and Rosemary Ledet rejected the tobacco defendants’ contention that they were beneficiaries of the Smoking Cessation Trust entltled to receive financial and business information involving the Trust. The panel additionally rejected the tobacco defendants’ contention that they were beneficiaries as defined in prior decisions of the Court of Appeal in the Scott case. In rejecting the tobacco defendants’ arguments the panel observed: “Again, because neither this Court nor the Trust instrument designates the Defendants as the intended beneficiary, the Board is not required to provide financial information regarding the use of funds.” Representing the Board of Trustees before the Fourth Circuit Court of Appeal were Aaron & Gianna attorneys, Bill Aaron, Lee Rudin and DeWayne Williams.
On May 25, 2016, Judge Ethel Julien of the Civil District Court for the Parish of Orleans entered judgment in the appeal taken by KSD Properties, LLC et al from the decision of the Board of Zoning Adjustments of the City of New Orleans (BZA) which had granted multiple variances to allow for the shoehorning of a multi-story hotel between existing properties in New Orleans’ Historic Warehouse District. In remanding the case back to the Board of Zoning Adjustments Judge Julien observed: “… considering the law and evidence, the court remands this matter back to the BZA finding that based on the record before it, it is not clear that the BZA considered all of the factors set forth in Section 14.6.5 of the CZO in granting the requested variances……..The City asserts that the BZA did not have to consider the door or window because they are illegal openings. However the court is bound by the record before it. The court finds that the BZA’s failure to even address these openings renders their decision arbitrary and capricious and requires that the court remand the matter for the BZA to consider this issue.” Representing KSD Properties, LLC et al in the appeal to the Civil District Court were Aaron & Gianna attorneys Bill Aaron, Rose Hager and DeWayne Williams.
