Morton Buildings, Inc. v. Redeeming Word of Life Church, Inc. , 97 La.App. 1 Cir. 2251 ( 1998 )

hSHORTESS, Chief Judge,

concurring.

The essential facts are conceded by all. Morton, through Smyda, was to get the building permit. While- it was pending, Smyda also agreed to help secure a variance in the elevation requirements of the Building Code. Before the variance was acted upon, yes or no, a building permit was granted that provided:

This is to state that the builder has certified all work will be done in accordance with the City-Parish Code of Ordinances, the State Fire Marshal’s Act, the Fire Prevention Ordinance and the State Sanitary Code.

In my opinion, Morton proceeded at its own risk when it began construction before the variance request was acted upon.

I respectfully concur with the result.