Pilotland Neighborhood Association, Wayne Baquet, Ashley Caponegro, Rashad Meyers, Billie Castle Myers, and Iam Tucker v. the City of New Orleans, Board of Zoning and Adjustments and Encampment, LLC

Summary

The Louisiana Fourth Circuit Court of Appeal reviewed a zoning dispute involving variances sought by Encampment, LLC for a proposed multifamily development in New Orleans. The court held that the Board of Zoning Adjustments improperly allowed reconsideration and a second vote after the initial motion to grant the variances failed. It reversed the district court, vacated the BZA decision, and remanded for action consistent with the BZA’s initial vote.

Holdings

1. The BZA procedurally erred by allowing Jason Richards to move for reconsideration because he had seconded the original motion and therefore was not on the prevailing side of the failed vote. Under the applicable parliamentary rules, he lacked the right to seek reconsideration.
2. The second vote was invalid, and the BZA's initial February 19, 2024 vote remained in effect as the board's decision.
3. The BZA's February 28, 2024 decision was vacated, and the matter was remanded to the BZA to issue a decision in accordance with its initial February 19, 2024 vote.

Questions Presented

1. Whether the BZA improperly permitted reconsideration and a second vote after its initial motion to grant the requested variances failed.
2. Whether the BZA's second vote and resulting variance decision should be vacated because the reconsideration procedure violated the BZA's governing rules and Robert's Rules of Order.

Disposition

reversed_and_remanded