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Zoning Bulletin April 25, 2014 I Volume 8 I Issue 8 <br />since Black Diamond had installed underground utilities and a monument <br />sign, and had constructed a public road, on the easement. <br />The court concluded that Powder Run's suit fell within the purview of the <br />statute of limitations—§ 10-9a-801, and that none of the exceptions asserted <br />by Powder Run applied. <br />See also: Gillmor v. Stnnmit County, 2010 UT 69, 246P.3d 102 (Utah 2010). <br />See also: Bangerter v. Petty, 2009 UT 67, 225 P.3d 874 (Utah 2009). <br />See also: In re Hoopiiaina Trust, 2006 UT 53, 144 P.3d 1129 (Utah 2006). <br />Nonconforming Use/Duration of <br />Rights —City denies homeowners <br />permit to repair their nonconforming <br />duplex damaged by Hurricane <br />Katrina, saying ordinance places <br />time limitation on post -Katrina <br />repairs <br />Homeowners contend zoning ordinance puts time <br />limitation on renovations of demolished dwellings <br />only <br />Citation: Spilsbury v. City of New Orleans, 2013-1258 La. App. 4 Cir. 2/19/ <br />14, 2014 WL 700515 (La. Ct. App. 4th Cir. 2014) <br />LOUISIANA (02/19/14) This case addressed the issue of whether the <br />denial of a new permit for repair to a legally nonconforming use was arbitrary <br />and capricious. This ease involved the interpretation of an ordinance of the <br />City of New Orleans related to demolition and repair of hurricane damaged <br />dwellings. <br />The Background/Facts: Sue Spilsbury and Lynn Divincent (the "Home- <br />owners") co -owned a two-family dwelling (the "Duplex") in an LRS <br />1-Lakeview Single -Family Residential [Zoning] District ("LRS-1") in New <br />Orleans, Louisiana (the "City"). In 2007, LRS-1 was converted by City <br />ordinance from a two-family dwelling zoning district with a moratorium on <br />new doubles (and duplexes) to a single-family zoning district with a waiver <br />for existing doubles. After LRS-1 was rezoned, the Duplex's use as a two- <br />family dwelling became a nonconforming use. <br />On August 29, 2005, the Duplex flooded as a result of the impact of Hur- <br />ricane Katrina. One year later, the Homeowners obtained an emergency permit <br />to repair their Duplex. Thereafter they applied for a Road Horne Disaster <br />forgivable grant to help with the cost of repairs. After being approved for the <br />grant, the Homeowners applied for and received a building permit for <br />©2014 Thomson Reuters 9 <br />