Maher v. City of New Orleans

Maher (plaintiff) brought an action against the City of New Orleans (City) (defendant), seeking declaratory judgment and an injunction against enforcement of the Vieux Carré Ordinance, which regulated the maintenance and preservation of buildings in the French Quarter of the City in an effort to preserve buildings with architectural and historical value. The ordinance stipulated that before any building in the French Quarter could be built, altered, or demolished, the owner must seek and obtain a permit approved by the Vieux Carré Commission. The ordinance also set out the composition, qualifications, duties, and procedures of the commission, as well as review processes for the commission’s decisions. Maher applied to demolish a Victorian cottage on his property in the French Quarter and replace it with an apartment complex. Maher’s attempt to obtain approval for demolition and development of the cottage was denied by the commission several times. Maher appealed to the City Council, but his appeal was denied, and demolition of the cottage was forbidden. Maher sought relief from the federal district court on the grounds that the ordinance violated his Fifth Amendment right to due process because it did not provide an objective criteria by which the commission could make its decisions. The district court ruled in favor of the City, and Maher appealed.