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SUPREME COURT OF LOUISIANA
99-CA-3344 AMY C. KRUGER AND ST. CHARLES 1, L.L.C. VERSUS THE GARDEN DISTRICT ASSOCIATION, ET AL.

ON APPEAL FROM THE CIVIL DISTRICT COURT, FOR THE PARISH OF ORLEANS, THE HONORABLE ETHEL SIMMS JULIEN, JUDGE
PER CURIAM* On March 23, 1999, plaintiffs filed suit challenging the constitutionality of La. R.S. 33:2740.38.1 Section 2740.38 created a security district for the Garden District area of uptown New Orleans. In order to administer the affairs of the security district, section 2740.38 provided for a board of directors consisting of eleven (11) members each of whom was required to own property in the district and reside in the district. Plaintiffs, who failed to qualify, alleged that the dual property ownership/residency requirement for board membership denied them equal protection of the law. They sought temporary as well as permanent injunctive relief, and a declaratory judgment holding section 2740.38 unconstitutional. The Orleans Parish Civil District Court denied plaintiffs' request for a temporary restraining order but set for hearing their motion for a preliminary injunction. At the hearing, the trial court ruled on various exceptions filed by defendants and took the case under advisement as to the preliminary injunction. On September 14, 1999, the trial court rendered judgment granting plaintiffs' request
*

Kimball, J., not on panel. Rule IV, Part 2,

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