Coliseum Square Association v. City of New Orleans

Trinity Church (Trinity) was a private entity that operated an elementary school on property fronting both sides of the 2100 block of Chestnut Street in the City of New Orleans (defendant). The 2100 block was a historic and congested area. During school hours, children running across the street were a safety hazard, and in the 1970s, the city authorized the street’s closure between 10:00 a.m. and 2:30 p.m. In the mid-1980s, the city held public hearings to decide whether to close the street indefinitely and enter a long-term lease with Trinity. On any given day, about 505 cars used the street, 220 of which were there for school reasons. The city conducted traffic studies, heard testimony from witnesses, and had discussions with Trinity regarding Trinity’s plans to landscape and improve the area. The city council passed an ordinance to close off the 2100 block of Chestnut Street and lease it to Trinity for 60 years, finding that the area was no longer needed for a public purpose. Various interested parties, including Coliseum Square Association (plaintiffs) sued to stop the city’s ordinance from going into effect. The trial court denied injunctive relief. The court of appeal affirmed, concluding that the city council was authorized under its home-rule charter to lease city property regardless of whether the property was needed for a public purpose. On original hearing before the Louisiana Supreme Court, a panel reversed. The matter was reheard.