Louisiana Complaint or Petition for Judgment Declaring a Nonconforming Use

State:
Multi-State
Control #:
US-01287BG
Format:
Word; 
Rich Text
Instant download

Description

A nonconforming use is an existing use of property that conflicts with a newly adopted zoning ordinance. In general, a nonconforming use has a constitutional right to continue. However, if an owner discontinues a nonconforming use, the owner loses the right to this use through abandonment, and the nonconforming use cannot be resumed at a later time.


This form is a generic pleading and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which has been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

(a) The trial of a defendant charged with a felony shall commence within one hundred twenty days if he is continued in custody and within one hundred eighty days if he is not continued in custody.

At your arraignment, the Judge will read the indictment. This process cannot be waived or sped up under current Louisiana law. You will then enter a guilty or not guilty plea. If no bond has been set, it will be set and you will be remanded to the custody of the local sheriff.

Art. 2782. A creditor wishing to have a judgment of a Louisiana court made executory, as provided in Article 2781, may file an ex parte petition complying with Article 891, with a certified copy of the judgment annexed, praying that the judgment be made executory.

Most significantly, the Legislature eliminated the requirement that parties seek a ?preliminary default? judgment before confirming a ?final? judgment of default. Now, Louisiana's default judgment process takes away defendants' opportunity to request that courts set aside preliminary defaults.

When drafting an answer, one must: (1) follow the local, state, and federal court rules; (2) research the legal claims in the adversary's complaint; (3) respond to the adversary's factual allegations; and (4) assert affirmative defenses, counterclaims, cross-claims, or third-party claims, if applicable.

Beginning Formal Prosecution If you arrested for a misdemeanor and unable to post bond, the State has 45 days to formally charge you with a crime. The State has 60 days to formally charge you with a felony unless the crime is punishable by death or life in prison without parole.

701. Right to a speedy trial. A. The state and the defendant have the right to a speedy trial.

A motion to quash may be filed of right at any time before commencement of the trial, when based on the ground that: (1) The offense charged is not punishable under a valid statute; (2) The indictment does not conform with the requirements of Chapters 1 and 2 of Title XIII; (3) Trial for the offense charged would ...

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Louisiana Complaint or Petition for Judgment Declaring a Nonconforming Use