| STATE AND LOCAL GOVERNMENT
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| 1. | Judge Marcus Hunter disqualified as candidate for Justice of Louisiana Supreme Court.
Elisa Knowles Collins v. Leslie Ricard Chambers, 2024-C-01005 (La. 08/20/2024) [13 pp.]
From LSCR Volume 32, Issue 8
Plaintiff challenged the candidacy of two people seeking election to the office of Associate
Justice of the Louisiana Supreme Court for District Two. The candidacy of t... view full summary |
| 2. | LSU required to disclose documents regarding wild bird research under public records law.
People for the Ethical Treatment of Animals v. Board of Supervisors of Louisiana State University, 2023-C-01396 (La. 06/26/2024) [33 pp.]
From LSCR Volume 32, Issue 7
This case arose from a series of eight public records requests sent by plaintiff to LSU, seeking
records related to the use and treatment of wild songbirds in the labs ... view full summary |
| 3. | Paying inverse condemnation judgment was ministerial duty that could be object of mandamus.
Watson Memorial Spiritual Temple of Christ v. Korban, 2024-C-00055 (La. 06/28/2024) [24 pp.]
From LSCR Volume 32, Issue 7
Plaintiffs are a group of neighbors who claimed the Sewerage and Water Board of New
Orleans (SWB) damaged and interfered with their use and enjoyment of t... view full summary |
| 4. | Court orders public trial in case against Office of Financial Institutions.
Troy Lillie v. Stanford Trust Company, 2024-CC-00922 (La. 07/20/2024) [2 pp.]
From LSCR Volume 32, Issue 7
This ongoing securities litigation arising from R. Allen Stanford's Ponzi scheme included as
a defendant the State of Louisiana, through the Office of Fin... view full summary |
| 5. | Court rejects challenges to incorporation of City of St. George.
Mayor-President Sharon Broome v. Chris Rials, 2023-C-01108 c/w 2023-C-01118 (La. 04/26/2024) [37 pp.]
From LSCR Volume 32, Issue 4
A petition for incorporation of the City of St. George was filed on March 2, 2018. The area at
issue is located south of and adjacent to the City of Baton Rouge and wit... view full summary |
| 6. | New Orleans City Council had procedural capacity to institute lawsuit challenging Wisner property agreement by mayor.
Council of the City of New Orleans v. Edward Wisner Donation, 2023-C-01106 (La. 03/22/2024) [18 pp.]
From LSCR Volume 32, Issue 3 This case arose from philanthropist Edward Wisner's 1914 donation of approximately
50,000 acres of land to the City of New Orleans... view full summary |
| 7. | City of Shreveport not statutorily obliged to pay operational expenses of Marshal's office.
Charlie Caldwell, Jr. v. The City of Shreveport, 2023-C-00182 (La. 11/17/2023) [13 pp.]
From LSCR Volume 31, Issue 11
The Shreveport City Marshal filed a petition for a writ of mandamus or, alternatively,
damages against the City of Shreveport. The Marshal argued that ... view full summary |
| 8. | Court of appeal lacked appellate jurisdiction over civil service matter.
Monroe Municipal Fire and Police Service Board v. Reginald Brown, 2023-CC-00907 (La. 10/17/2023) [2 pp.]
From LSCR Volume 31, Issue 10
Reginald Brown, former Monroe chief of police, contested the Monroe Police Department's
termination of his employment before the Monroe Municipal Fire and Police Ci... view full summary |
| 9. | Court reinstates district court judgment finding agency not arbitrary and capricious in awarding contract for Convention Center improvements.
The Lemoine Company, LLC v. The Ernest N. Morial Exhibition Hall Authority, 2023-C-00763 c/w 2023-00775 (La. 10/17/2023) [5 pp.]
From LSCR Volume 31, Issue 10
The Ernest N. Morial Exhibition Hall Authority (the Authority) is a political subdivision of
the State and operates the Ernest N. Morial New Orleans Conventio... view full summary |
| 10. | Order requiring parish to pay into court's registry funds owed to plaintiffs is unconstitutional.
William Mellor v. The Parish of Jefferson, 2022-CC-01713 (La. 09/08/2023) [19 pp.]
From LSCR Volume 31, Issue 9
In 2008 the Jefferson Parish Council adopted ordinance Section 36-320, et seq., titled "School
Bus Safety Enforcement Program for Detecting Violations of Overtaking... view full summary |
| 11. | Dual positions violated Dual Officeholding and Dual Employment Law.
J. Schuyler Marvin v. Robert Berry, 2023-C-00214 (La. 04/25/2023) [4 pp.]
From LSCR Volume 31, Issue 4
In July 2020 the Louisiana Attorney General notified Robert Berry of a complaint that he was
violating Louisiana's Dual Officeholding and Dual Employment Law, La. R... view full summary |
| 12. | Court reverses res judicata dismissal after reversing underlying judgment.
State v. Robert Berry, 2022-C-00970 (La. 04/25/2023) [3 pp.]
From LSCR Volume 31, Issue 4
This was the suit referenced above and brought by the AG against Berry for violating the
Dual Officeholding Law. In this case Berry filed an exception of res judicata ba... view full summary |
| 13. | Court reinstates Civil Service Commission decision reinstating terminated NOPD sergeant.
Anthony Edenfield v. New Orleans Police Department, 2022-C-01643 (La. 02/07/2023) [2 pp.]
From LSCR Volume 31, Issue 2
In May and June 2020 Anthony Edenfield, a New Orleans Police Department sergeant with
permanent status, posted on his personal Facebook page eight offensive comments to... view full summary |
| 14. | Tax return of judicial candidate deemed filed electronically before notice of candidacy.
Yasha Clark v. Stephanie Bridges, 2023-C-00237 (La. 02/22/2023) [23 pp.]
From LSCR Volume 31, Issue 2
Plaintiffs filed a petition to disqualify Stephanie Bridges as a candidate for the office of
Orleans Parish Civil District Court Judge. Plaintiffs ... view full summary |
| 15. | City Court had no cause of action for funding by City via writ of mandamus.
Pineville City Court v. City of Pineville, 2022-C-00336 (La. 01/27/2023) [14 pp.]
From LSCR Volume 31, Issue 1
Prior to November 2020 the City of Pineville funded the Pineville City Court, including
amounts for the salaries of three clerk positions and accompanying ... view full summary |
| 16. | Mandamus not appropriate remedy to force State to pay royalties judgment.
Steve Crooks v. State of Louisiana through Department of Natural Resources, 2022-C-00625 (La. 01/27/2023) [8 pp.]
From LSCR Volume 31, Issue 1
In 2006 plaintiffs filed a class action against the State through the Department of Natural
Resources (LDNR) concerning the ownership of riverbanks in the Catahoula Ba... view full summary |
| 17. | Court disqualifies Jefferson Parish School Board candidate for falsely certifying he filed state tax returns.
Veronica Braggs v. Simeon Dickerson, 2022-C-01227 (La. 08/13/2022) [3 pp.]
From LSCR Volume 30, Issue 8
On July 22, 2022, Simeon Dickerson filed a notice of candidacy with the Jefferson Parish Clerk
of Court declaring his intent to run for the office of Jefferson Parish S... view full summary |
| 18. | Incorrect certification on notice of candidacy form was not basis for disqualifying candidate for office of mayor of Shreveport.
Frances Deal v. Adrian Perkins, 2022-C-01212 (La. 08/19/2022) [37 pp.]
From LSCR Volume 30, Issue 8
Adrian Perkins, current mayor of Shreveport, sought reelection. On July 22, 2022, he filed a
notice of candidacy form, as required by R.S. Section 18:461. The requireme... view full summary |
| 19. | Court reinstates candidate for mayor of Hammond.
Peter Panepinto v. Darryl David Smith, 2022-C-01218 (La. 08/19/2022) [5 pp.]
From LSCR Volume 30, Issue 8
On July 22, 2022, Darryl David Smith filed a sworn notice of candidacy with the Tangipahoa
Parish Clerk of Court, declaring his intent to run for mayor of the City of H... view full summary |
| 20. | Jefferson Parish ordinance regarding overtaking school buses was unconstitutional.
William Mellor v. The Parish of Jefferson, 2021-CA-0858 (La. 03/25/2022) [17 pp.]
From LSCR Volume 30, Issue 3
In 2008 the Jefferson Parish Council adopted ordinance Section 36-320, et seq., titled "School
Bus Safety Enforcement Program for Detecting Violations of Overtaking and... view full summary |
| 21. | Court reinstates Civil Service Commission's decision upholding NOPD's demotion of former lieutenant based on harassing workplace conduct.
Jimmie Turner v. New Orleans Police Department, 2021-C-00476 (La. 06/29/2021) [3 pp.]
From LSCR Volume 29, Issue 6
Jimmie Turner was employed by the New Orleans Police Department (NOPD) as a police
lieutenant with permanent status. In January 2017 Sergeant Peter... view full summary |
| 22. | Firefighters stated claim for writ of mandamus ordering payment of judgment for back wages.
Arnold Lowther v. Town of Bastrop, 2020-C-01231 (La. 05/13/2021) [10 pp.]
From LSCR Volume 29, Issue 5
In May 2019 the district court rendered a $1.67 million judgment for back wages against the
City of Bastrop and in favor of firefighters who had brought suit... view full summary |
| 23. | Plaintiff not entitled to additional retirement insurance benefit from state fund.
Roger Lehman v. Louis J. Perret, Clerk of Court, 2020-CC-01485 (La. 03/16/2021) [3 pp.]
From LSCR Volume 29, Issue 3
Plaintiff was employed by the Lafayette Parish Clerk of Court until he was terminated for
misconduct in 2002, when he was 44 years old. When he reached age 55, he was ... view full summary |
| 24. | Court remands dispute between governor and legislature for consideration of non-constitutional issues.
Governor John Bel Edwards v. Louisiana State Legislature, 2020-CA-1407 (La. 12/21/2020) [8 pp.]
From LSCR Volume 28, Issue 12
On October 8, 2020, Governor Edwards issued Proclamation 134 JBE 2020, imposing certain
restrictions in light of the COVID-19 pandemic. On October 23, the Lo... view full summary |
| 25. | Court reinstates Civil Service Board's decision terminating assistant fire chief.
Frederick N. Meiners, III v. St. Tammany Parish Fire Protection District No. 4, 2020-CC-00491 (La. 10/20/2020) [17 pp.]
From LSCR Volume 28, Issue 10
Plaintiff was employed as the Assistant Fire Chief by St. Tammany Parish Fire Protection
District No. 4 (the District). On February 19, 2016, he told Fire Chi... view full summary |
| 26. | Court reinstates candidacy for constable race after district court applied wrong burden of proof.
Allison Nocito v. Kendall Bussey, Sr., 2020-C-986 (La. 08/15/2020) [3 pp.]
From LSCR Volume 28, Issue 8
On July 24, 2020, Kendall Bussey, Sr. qualified to run for Constable of the Second District
Court in Jefferson Parish by signing and filing his notice of candidacy wit... view full summary |
| 27. | Candidate for judge disqualified because period of suspension from practice of law did not count toward constitutionally required eight years of admission to bar.
James Ryan Newhart v. Diedre Pierce Kelly c/w C. Gary Wainwright v. Diedre Pierce Kelly, 2020-C-01001 (La. 08/17/2020) [2 pp.]
From LSCR Volume 28, Issue 8
Plaintiffs challenged the candidacy of Diedre Pierce Kelly for Orleans Parish Criminal District
Court Judge. The Louisiana Constitution states that potential candidates... view full summary |
| 28. | Court declines to issue writ of mandamus to First Circuit re allotment of cases and assignment of panels.
Texas Brine Company, LLC v. Rodd Naquin, 2019-OC-01503 c/w 2019-OC-01508 (La. 01/31/2020) [26 pp.]
From LSCR Volume 28, Issue 2
This opinion involved two consolidated cases in which the plaintiffs challenged the system
by which the First Circuit Court of Appeal allots matters and assembles panel... view full summary |
| 29. | Court holds that mechanism created by legislature for funding Uniform Local Sales Tax Board is unconstitutional.
West Feliciana Parish Government v. State of Louisiana, Office of Motor Vehicles, 2019-CA-00878 (La. 12/11/19) [29 pp.]
From LSCR Volume 27, Issue 12
Plaintiffs, the Plaquemines Parish Council and the St. James Parish School Board, are the local
taxing jurisdictions and designated single collectors for sales and... view full summary |
| 30. | Public entity's bid advertisement could not impose more restrictive requirements than Public Bid Law.
LeBlanc Marine v. State of Louisiana, 2019-C-0053 (La. 10/22/19) [9 pp.]
From LSCR Volume 27, Issue 10 In May 2017 the State, through the Division of Administration's Office of Facility Planning and Control, issued an advertisement for bid... view full summary |
| 31. | Louisiana Senate candidate was entitled to have notice of candidacy reinstated.
Karen Carter Peterson v. Allen Helwick Borne, Jr., 2019-C-01365 (La. 08/28/19) [2 pp.]
From LSCR Volume 27, Issue 9
On July 26, 2019, Allen Helwick Borne, Jr. appointed Paul A. Bello as his agent to file his Notice
of Candidacy for Louisiana State Senate District 5. According to Mr. Bor... view full summary |
| 32. | Court reinstates district court opinion reversing revocation of officer's certification.
Mark Wheeler v. Louisiana Peace Officers Standards and Training Council, 2019-C-0584 (La.09/24/19) [1 p.]
From LSCR Volume 27, Issue 9
In Louisiana, all full-time peace officers must complete a basic training course certified by
the Council on Peace Officer Standards and Training (POST Council). In add... view full summary |
| 33. | Physical Therapy Board's decision was valid despite vacancy on Board.
Kevin Bias v. Louisiana Physical Therapy Board, 2018-C-2042 (La. 06/26/19) [8 pp.]
From LSCR Volume 27, Issue 6
The Louisiana Physical Therapy Board was established under La. R.S. Section 37:2403. The statute
requires that the Board be made up of seven members appointed by the go... view full summary |
| 34. | Attorney General had right of action to pursue State's claim against contractor for overpayment of Medicare providers
State v. Molina Healthcare, Inc., 2018-CC-1768 (La. 05/08/2019) [29 pp.]
From LSCR Volume 27, Issue 5
The State of Louisiana, represented by its Attorney General, filed this suit in 2014 against
Molina Healthcare, Inc., Molina Information Systems, L.L.C., and Unisy... view full summary |
| 35. | City's zoning violation claim against industrial facility on Mississippi batture had not prescribed.
Wood Materials, LLC v. City of Harahan, 2019-C-0018 (La. 03/25/19) [3 pp.]
From LSCR Volume 27, Issue 3
Since the 1960s plaintiffs, Wood Materials, LLC and Wood Resources, LLC, have been
involved in various activities at their industrial materials facility on the... view full summary |
| 36. | Court rules in favor of St. Tammany D.A. in his challenge to independent legal department for parish council and president.
Warren Montgomery v. St. Tammany Parish Government, 2017-C-1811 (La. 06/27/18) [20 pp.]
From LSCR Volume 26, Issue 6
In April 2016 plaintiff, as District Attorney for St. Tammany Parish, filed suit against the
Parish through the parish council and parish president, ... view full summary |
| 37. | Louisiana Code of Civil Procedure applies to motions for summary judgment filed in Ethics Advisory Board administrative proceedings.
Board of Ethics in the Matter of Jordan Monsour, 2017-C-1274 (La. 05/01/18) [5 pp.]
From LSCR Volume 26, Issue 5
The Louisiana Board of Ethics (LBE) filed formal charges against respondents, Walter
Monsour and Jordan Monsour. Respondents filed motions for summary judgment ... view full summary |
| 38. | Paying MFP funds to New Type 2 charter schools is constitutional.
Iberville Parish School Board v. LA State Board of Elementary and Secondary Education, 2017-C-0257 c/w 2017-C-0633 c/w 2017-C-0634 (03/13/18) [30 pp.]
From LSCR Volume 26, Issue 3
The Louisiana Constitution dictates that the Board of Elementary and Secondary Education
(BESE) "annually develop and adopt a formula which shall be used to de... view full summary |
| 39. | Court upholds laws providing consequences for drivers who refuse to submit to chemical testing for suspected DWI.
David Carver v. Louisiana Dept. of Public Safety, 2017-CA-1340 (La. 01/30/18) [12 pp.]
From LSCR Volume 26, Issue 1
Louisiana R.S. Section 32:661-670 concern tests for suspected drunken drivers. Under Section 32:667,
when an officer places a person under arrest for operating a vehicle ... view full summary |
| 40. | Challenge to NOLA traffic camera hearing procedures was mooted by amendments changing procedures.
Lee Rand v. City of New Orleans, 2017-CA-0596 (La. 12/06/17) [18 pp.]
From LSCR Volume 25, Issue 12
In 2007 the City of New Orleans enacted ordinances that created the Automated Traffic
Enforcement System (ATES), by which cameras gathered images of vehic... view full summary |
| 41. | Public Records Law applied to LSPCA as quasi-public instrumentality of City of New Orleans.
New Orleans Bulldog Society v. Louisiana Society for the Prevention of Cruelty to Animals, 2016-C-1809 (La. 05/03/17) [16 pp.]
From LSCR Volume 25, Issue 5
Plaintiff is a nonprofit corporation founded to advocate for the welfare of dogs in New
Orleans and elsewhere. Defendant, the Louisiana SPCA (LSPCA... view full summary |
| 42. | No justiciable controversy existed in case brought against State by school boards.
St. John the Baptist Parish School Board v. State of Louisiana, 2015-CA-1659 (La. 12/05/16) [4 pp.]
From LSCR Volume 24, Issue 12
Plaintiffs successfully sought from the district court a declaration that 2010 HCR 234 and
2011 HCR 130 violated the Louisiana Constitution. Those House Concurrent Resolut... view full summary |
| 43. | Statute providing civil immunity to public entities regarding Hurricane Katrina operations could not be applied retroactively.
Dana Johno v. John Doe, 2016-CA-0087 (La. 12/06/16) [8 pp.]
From LSCR Volume 24, Issue 12
At the time that Hurricane Katrina struck in 2005, plaintiff was the owner of a house in
Buras, Louisiana that was physically moved by the floodwaters onto... view full summary |
| 44. | Court reinstates denial of preliminary injunction aimed at preventing city from accepting lowest bid in street paving contract.
Durr Heavy Construction, LLC v. City of New Orleans, 2016-C-609 (La. 04/15/16) [7 pp.]
From LSCR Volume 24, Issue 4 In March 2015 the City of New Orleans issued an invitation to bid on a public work for the paving
of streets in Lakeview pursuant to t... view full summary |
| 45. | Kenner firefighters entitled to summary judgment on claim for additional pension contributions.
Michael Dunn v. City of Kenner, 2015-C-1175 (La. 01/27/16) [20 pp.]
From LSCR Volume 24, Issue 2 Plaintiffs, members of Kenner Firefighters Association Local 1427, filed suit seeking past and future
adjustments to the City of Kenne... view full summary |
| 46. | Emails between parish official using parish email address and private citizen were subject to production under public records laws with redaction to protect privacy of private citizen.
William Henry Shane v. The Parish of Jefferson, 2014-C-2225 (La. 12/08/15) [32 pp.]
From LSCR Volume 23, Issue 12 In 2010 Lucien Gunter was Executive Director of the Jefferson Parish Economic Development
Commission (JEDCO). Via his JEDC... view full summary |
| 47. | City could not divest retired employee of right to participate in City's health plan by retroactive amendment of ordinance.
Dean Born v. City of Slidell, 2015-C-0136 (La. 10/14/15) [19 pp.]
From LSCR Volume 23, Issue 10 Plaintiff was employed by the City of Slidell from 1983 through his retirement at the age of sixty on
August 1, 2008. When he retired ... view full summary |
| 48. | State retirement system had mandatory authority to reduce retirement benefits to former Southern University president.
Dr. Ralph Slaughter v. Louisiana State Employees' Retirement System, 2015-C-0324 (La. 10/14/15)
From LSCR Volume 23, Issue 10 In 2009 plaintiff retired as president of Southern University System. The Louisiana State Employees'
Retirement System (LASERS) began ... view full summary |
| 49. | Court of appeal erred in requiring plaintiff to submit resolution into record when Bond Validation Act contained no such requirement.
Louisiana Local Governmental Facilities v. All Taxpayers, 2015-C-0417 (La. 04/17/15) [2 pp.]
From LSCR Volume 23, Issue 4 Pursuant to the Bond Validation Act, La. R.S. Section 13:5121, et seq., plaintiff filed a motion for
judgment validati... view full summary |
| 50. | CFO of City of New Orleans had standing to sue pension fund trustees for breach of fiduciary duty.
New Orleans Fire Fighters Pension and Relief Fund v. The City of New Orleans, 2014-C-2224 (La. 02/13/15) [3 pp.]
From LSCR Volume 23, Issue 2 The Trustees of the New Orleans Firefighters Pension and Relief Fund filed a mandamus action to
compel the City of New Orleans t... view full summary |
| 51. | Lease of portable toilet with cleaning services was not a taxable service under Baton Rouge ordinance.
Pot-O-Gold Rentals, LLC v. City of Baton Rouge, 2014-C-2154 (La. 01/16/15) [4 pp.]
From LSCR Volume 23, Issue 1 Plaintiff provided three different options to its customers: (1) the lease of portable toilets with no
cleaning services included, (2)... view full summary |
| 52. | 2012 Act 1, intended to improve elementary and secondary education through tenure reform and performance standards, did not violate one- object rule of Louisiana Constitution.
Louisiana Federation of Teachers v. State, 2014-CA-0691 (La. 10/15/14) [24 pp.]
From LSCR Volume 22, Issue 10 During the 2012 Regular session, the Louisiana Legislature passed Act 1, which amended and re-
enacted nine different statutes, enacte... view full summary |
| 53. | State has not waived sovereign immunity from suits under FMLA.
Cynthia Holliday v. Board of Supervisors of LSU, 2014-CC-0585 (La. 10/15/14) [5 pp.]
From LSCR Volume 22, Issue 10 Plaintiff filed suit against the State pursuant to the Family and Medical Leave Act of 1993 (FMLA),
29 U.S.C. Section 2601, et seq. Sh... view full summary |
| 54. | Candidate for Orleans Parish D.A. disqualified for falsely certifying he had filed state income tax returns.
Anthony J. Russo v. Lionel Burns, Jr., 2014-C-1963 (La. 09/24/14) [4 pp.]
From LSCR Volume 22, Issue 9 Lionel Burns, Jr. was a candidate for the office of Orleans Parish District Attorney. On August 20,
2014, he filed a signed and notari... view full summary |
| 55. | City ordinance authorizing private collection of delinquent ad valorem taxes and imposing collection fee violated Louisiana Constitution.
Jimmie J. Jackson v. The City of New Orleans, 2012-CA-2742 c/w 2012-CA-2743 (La. 01/28/14) [31 pp.]
From LSCR Volume 22, Issue 2 Plaintiffs are Orleans Parish property owners who untimely paid ad valorem taxes to the City of New
Orleans and contested a penalty an... view full summary |
| 56. | Rice Statutes, allowing imposition of assessment on rice producers for payment to Rice Boards, violated Louisiana Constitution.
Carl Krielow v. Louisiana Department of Agriculture and Forestry, 2013-CA-1106 (La. 10/15/13) [21 pp.]
From LSCR Volume 21, Issue 10 In 1972, the Louisiana Legislature enacted a statutory scheme establishing the Rice Promotion Board
and the Louisiana Rice Research Bo... view full summary |
| 57. | Legislation concerning cash balance retirement system for State was unconstitutional for failure to pass by required two-thirds House vote.
Retired State Employees Association v. State of Louisiana, 2013-CA-0499 (La. 06/28/13) [21 pp.]
From LSCR Volume 21, Issue 7 During the 2012 Regular Session of the Legislature, HB 61 provided for the establishment of a cash
balance retirement plan for certain... view full summary |
| 58. | Constitutional challenge to legislative act remanded based on recent decision regarding "single object provision" for legislation.
Louisiana Federation of Teachers v. State, 2013-CA-1088 (La. 05/31/13) [2 pp.]
From LSCR Volume 21, Issue 6 This case involved the constitutionality of Act 1 of the 2012 Regular Session of the Louisiana
Legislature, which sou... view full summary |
| 59. | Reprimand proper for police officer with illegally tinted windows on personal vehicle.
Irma Regis v. Department of Police, 2013-C-1124 (La. 06/28/13) [3 pp.]
From LSCR Volume 21, Issue 6 The NOPD issued a letter of reprimand to plaintiff, an NOPD sergeant, finding that she had violated
rules requiring employees to adher... view full summary |
| 60. | Diverting minimum foundation program funds to school voucher system violated Louisiana Constitution.
Louisiana Federation of Teachers v. State of Louisiana, 2013-CA-0120 c/w 2013-CA-0232 c/w 2013-CA- 0350 (La. 05/07/13) [67 pp.]
From LSCR Volume 21, Issue 5 The Louisiana Constitution mandates that the Louisiana Board of Elementary and Secondary
Education (BESE) annually devel... view full summary |
| 61. | Sheriff operating parish jail not required to publish inmate administrative remedy procedure in State Register.
Panagiotis Kondylis v. Sheriff Jack Strain, Jr., 2013-C-562 (La. 5/17/13) [5 pp.]
From LSCR Volume 21, Issue 5 Plaintiff, an inmate at the St. Tammany Parish Jail, filed suit as a result of alleged injuries during his
incarceration. The St. T... view full summary |
| 62. | City properly excluded first-year supplemental pay in calculating firefighter salaries under R.S. Section 33:1992.
West Monroe Firefighters Local 1385 v. City of West Monroe, 2012-C-1937 (La. 03/19/13) [17 pp.]
From LSCR Volume 21, Issue 3 Pursuant to La. R.S. Section 33:2002(A)(1), after a firefighter's first year of service, the State supplements
his or her salary with ... view full summary |
| 63. | Statutes affecting Louisiana High School Athletic Association struck down as unconstitutional.
Louisiana High School Athletics Association, Inc. v. State, 2012-CA-1471 (La. 01/29/13) [42 pp.]
From LSCR Volume 21, Issue 2 In 1920 the Louisiana High School Athletics Association (LHSAA) was organized by a group of
principals. It operated as an unincorporat... view full summary |
| 64. | The State has plenary power to prohibit convicted felons from taking office, without regard to time delays of Election Code.
State v. Tony J. Gibson, 2012-C-1145 (La. 01/29/13) [15 pp.]
From LSCR Volume 21, Issue 2 Article I, Section 10 of the Louisiana Constitution prohibits a convicted felon from qualifying for or taking
public office unless ... view full summary |
| 65. | LPSC had exclusive jurisdiction over class actions brought by rate payers for breach of franchise agreement.
Opelousas Trust Authority v. Cleco Corp., 2012-CC-0062 c/w 2012-CC-0623 (La. 12/04/12) [24 pp.]
From LSCR Volume 20, Issue 12
The City of Opelousas owns a portion of the electric distribution system within the City's limits. In
1991, the City and Cleco, an... view full summary |
| 66. | Sheriffs no longer authorized to charge commissions on ad valorem taxes collected for other taxing authorities.
Livingston Parish Council on Aging v. Willie Graves, 2012-C-0232 (La. 12/02/12) [20 pp.]
From LSCR Volume 20, Issue 12
In 2004, after a millage proposition was passed in Livingston Parish, the Sheriff began collecting a
two-millage property tax o... view full summary |
| 67. | Municipal fire and police civil service board may modify discipline imposed without finding appointing authority acted in bad faith or without cause.
The City of Bossier City v. Phillip Vernon, 2012-C-0078 (La. 10/16/12) [19 pp.]
From LSCR Volume 20, Issue 10 Phillip Vernon was a permanent police officer with the Bossier Parish City Police Department when
an internal affairs investigation co... view full summary |
| 68. | Court of appeal erred in reversing judgment for City-Parish in expropriation case.
Lafayette City-Parish v. Jeffery Person, 2012-C-0307 (La. 10/16/12) [10 pp.]
From LSCR Volume 20, Issue 10 The Settlement Subdivision in Lafayette contains approximately 158 residential units and has three
means of ingress/egress, all onto ... view full summary |
| 69. | Parish not responsible for suspect's medical expenses not caused by arrest.
Peter D. Vizzi, M.D. v. Lafayette City-Parish, 2011-C-2648 (La. 07/02/12) [9 pp.]
From LSCR Volume 20, Issue 7 After allegedly committing an armed robbery in Lafayette, Quinton Sam tried to force his way into
a private residence. The owner of th... view full summary |
| 70. | Assessors could challenge LTC valuations of public service properties in taxpayers' action.
ANR Pipeline Company v. Louisiana Tax Commission, 2011-C-2078 (La. 05/08/12) [27 pp.]
From LSCR Volume 20, Issue 5 The plaintiff taxpayers own interstate natural gas transmission pipelines in Louisiana, which are
classified and taxed for ad valorem ... view full summary |
| 71. | Assessors' local actions dismissed.
Michael H. Martin v. ANR Pipeline Co., 2011-C-2079 c/w 2011-C-2193 c/w 2011-C-2253 c/w 2011-C- 2266 c/w 2011-CC-2716 (La. 05/08/12) [8 pp.]
From LSCR Volume 20, Issue 5 These consolidated cases were brought by the assessors in their "home parishes" with regard to the
LTC's November 2009 ruling. The Cou... view full summary |
| 72. | Prohibited claims against school board employees include those based on acts of omission.
Nakisha Credit v. Richland Parish School Board, 2011-C-1003 (La. 03/13/12) [21 pp.]
From LSCR Volume 20, Issue 3 In 1999 high school students Breana Howard and Courtney McClain began fighting on a sidewalk
behind Rayville High School. Breana eithe... view full summary |
| 73. | Tobacco Tax Law imposed excise tax on distributer of smokeless tobacco products.
McLane Southern, Inc. v. Cynthia Bridges, 2011-C-1141 (La. 01/24/12) [14 pp.]
From LSCR Volume 20, Issue 1Plaintiff, located in Mississippi, is a wholesale seller of smokeless tobacco products to retail
establishments in Louisiana. Manufacturers sell the smokeless tobacco products to their ... view full summary |
| 74. | Political subdivision cannot waive prohibition against jury trials on case-by- case basis; vicariously liable insurer not entitled to separate trial by jury.
Dr. Kaleem Arshad v. The City of Kenner, 2011-CC-1579 c/w 2011-CC-1814 (La. 01/24/12) [27 pp.]
From LSCR Volume 20, Issue 1In 2008, plaintiffs filed suit against the City of Kenner, the Kenner Police Department, the Kenner
Chief of Police, several police officers, and the City's liability insurers. Plaintiffs alleged of... view full summary |
| 75. | Expelled student failed to prove denial of due process in suit against School Board.
Melanie Christy v. Dr. Sandra McCalla, 2011-C-0366 (La. 12/06/11) [27 pp.]
From LSCR Volume 19, Issue 12On October 6, 2003, Justin Christy, a senior at Captain Shreve High School in Shreveport, brought
his backpack into his first period class, and a fifth-sized whiskey bottle fell out and broke on the... view full summary |
| 76. | Local ban on Sunday liquor sales valid without local option election.
Silver Dollar Liquor, Inc. v. Red River Parish Police Jury, 2010-C-2776 (La. 09/07/11) [16 pp.]
From LSCR Volume 19, Issue 9This case involves the interpretation of La. R.S. Sections 26:493 and 51:191. The former delegates to
political subdivisions the power to regulate the sale of alcoholic beverages. The latter require... view full summary |
| 77. | Open Meetings Law violation not timely pled.
B.W. Greemon v. City of Bossier City, 2010-C-2828 c/w 2011-C-0039 (La. 07/01/11) [17 pp.]
From LSCR Volume 19, Issue 7Plaintiff was a paramedic with the Bossier City Fire Department when he responded to a call to assist
Eric Holloway, who was in police custody. Plaintiff was informed that Holloway had consumed as m... view full summary |
| 78. | Agent for purchaser could protest payment of sales tax and sue for refund.
J-W Power Company v. State of Louisiana, 2010-C-1598 (La. 03/13/11) [21 pp.]
From LSCR Volume 19, Issue 3 J-W Power Company (Power) is a provider of gas-compression services in the oil and gas industry.
It entered into full-service agre... view full summary |
| 79. | Denial of zoning exception for liquor store upheld.
Roland Toups v. City of Shreveport, 2010-C-1559 (La. 03/15/11) [9 pp.]
From LSCR Volume 19, Issue 3 Plaintiff, individually and on behalf of Thrift Liquor Store, filed an application with the Shreveport
Metropolitan Planning Commissio... view full summary |
| 80. | Statutory time limit for violation of use regulations trumped parish ordinance.
Parish of St. Charles v. Wanda Fontenot, 2010-C-2552 (La. 01/28/11) [1 p.]
From LSCR Volume 19, Issue 2 In October 2007 the Parish of St. Charles, through the Department of Planning and Zoning, filed suit
against defendants, as owners ... view full summary |
| 81. | R.S. Section 26:583(C)(2) upheld: not a local or special law.
Deer Enterprises, LLC v. Parish Council of Washington Parish, 2010-CA-0671 (La. 01/19/11) [16 pp.]
From LSCR Volume 19, Issue 1 Parishes and municipalities have the authority to hold local-option elections to prohibit the sale of
alcohol within their political s... view full summary |
| 82. | Statute imposes time limit for motion picture investor tax credits.
Red Stick Studio Development, L.L.C. v. State of Louisiana, 2010-C-0193 (La. 01/19/11) [21 pp.]
From LSCR Volume 19, Issue 1 Louisiana provides for certain motion picture investor tax credits, including tax credits for "State-
certified infrastructure proje... view full summary |
| 83. | 15th JDC non-capital criminal allotment system valid.
State v. Scott Allen Cooper, 2010-KK-2344 (La. 11/16/10) [30 pp].
From LSCR Volume 18, Issue 11 The 15th Judicial District Court (15th JDC) is composed of the parishes of Acadia, Lafayette, and
Vermilion. The 13 judges of the 15th... view full summary |
| 84. | Orleans Parish Criminal Court procedure violates Louisiana Constitution.
State v. Daniel Smalls, 2009-KK-2695 (La. 10/19/10) [12 pp.]
From LSCR Volume 18, Issue 10 Defendant was charged with the misdemeanor offense of simple criminal damage to property having
a value less than $500. Under the loca... view full summary |
| 85. | Termination of 25-year civil service employee was not arbitrary and capricious.
Monna Mathieu v. New Orleans Public Library, 2009-C-2746 (La. 10/19/10) [24 pp.]
From LSCR Volume 18, Issue 10 Plaintiff was a classified civil service employee with permanent status who had been employed by
the City of New Orleans since1983. In... view full summary |
| 86. | Assessor had no right of action to challenge the administration of taxes assessed against public service property.
Clyde A. "Rock" Gisclair v. The Louisiana Tax Commission, 2010-C-0563 (La. 09/24/10) [15 pp.]
From LSCR Volume 18, Issue 9Plaintiff, assessor for St. Charles Parish, filed suit to challenge the constitutionality of the Louisiana
Tax Commission's administration of ad valorem taxes assessed against Entergy's public servi... view full summary |
| 87. | Voters allowed to amend petition to name proper defendant in election case; however, voters
Judith S. Scaglione v. Jeanne Nunez Juneau, 2010-C-1734 (La. 07/28/10) [2 pp.]
From LSCR Volume 18, Issue 8Louisiana's Fourth Circuit Court of Appeal is divided into 3 districts. The Third District is composed
of St. Bernard Parish, and 1 judge is exclusively elected from that district. Jeanne Nunez June... view full summary |
| 88. | School did not violate reasonable supervision duty when student was raped whilewalking home from school.
S.J. v. Lafayette Parish School Board, 2009-C-2195 (La. 07/06/10) [27 pp.]
From LSCR Volume 18, Issue 7 During the 2004-05 school term, Lafayette Middle School operated both a tutoring program and a behavior clinic after school. The programs la... view full summary |
| 89. | Attorneys fee award reduced in expropriation case.
State v. Paul Henry Wagner, 10-C-0050 (La. 05/28/10) [2 pp.]
From LSCR Volume 18, Issue 6 In connection with a road project, the Department of Transportation and Development (DOTD) expropriated land from defendant. As compensation, the DOTD deposited $85,080 into the registry of thedistri... view full summary |
| 90. | District judge whose sons were prosecuted by AG's office recused from allcases involving AG's office.
Collette Covington v. McNeese State University, 2010-OC-0250 (La. 04/05/10) [7 pp.]
From LSCR Volume 18, Issue 4 This appeal concerns a motion to recuse filed by the Attorney General (AG) against Judge Wilford Carter of the 14th Judicial District Court, Parish of Calcasieu. The AG has either obtained conviction... view full summary |
| 91. | Board of Tax Appeals has jurisdiction over taxpayer class action.
Michael X. St. Martin v. State of Louisiana, 2009-C-0935 (La. 12/01/09) [9 pp.]
From LSCR Volume 17, Issue 12 Plaintiffs filed a "Class Action Petition for Damages" (petition) with the Louisiana Board of Tax Appeals (Board). The petition alleged that... view full summary |
| 92. | State not entitled to reimbursement of salary from dual office holder.
Foti v. Holliday, 2009-C-0093 (La. 10/30/09) [20 pp.]
From LSCR Volume 17, Issue 11 Sarah Holliday was employed on a full-time basis as a judicial assistant and deputy clerk for the Nineteenth Judicial District Court for the... view full summary |
| 93. | Murder investigation documents are public records. In re: A Matter Under Investigation, and
John and Jane Does v. Charles C. Foti, 2007- KK-1853 c/w 2007- KK-1870 c/w 2008- CC-1066 (La. 7/1/09) [49 pp.]
From LSCR Volume 17, Issue 7 These three, consolidated writ applications involve the disposition of documentary evidence that (1) was seized or subpoenaed from hospitals... view full summary |
| 94. | Sales tax dedicated to fireman "salary increase" cannot be used for other payroll expenses.
Local 1442, Prof. Firefighters v. Crowley, 2008-C-1392 (La. 5/5/09) [16 pp.]
From LSCR Volume 17, Issue 5 In 1981, a special tax election was held in the City of Crowley wherein the voters approved a tax proposition authorizing the City to levy a... view full summary |
| 95. | Public utility not required to refund unauthorized charges.
Gordon v. Council of the City of New Orleans, 2008-C-0929 (La. 4/3/09) [55 pp.]
From LSCR Volume 17, Issue 4 Plaintiffs are citizens of New Orleans and ratepayers of Entergy New Orleans, Inc. (ENO), who filed a request with the Council of the City o... view full summary |
| 96. | "Temporary" reimbursement rule becomes permanent, when no permanent rule is passed.
Women's and Children's Hosp. v. State, Dept. of Health and Hosp., 08-C-946 (La. 1/21/09) [20 pp.]
From LSCR Volume 17, Issue 2 Plaintiff Women's and Children's Hospital (WCH) in Lafayette, Louisiana filed this suit to contest an administrative ruling regarding its re... view full summary |
| 97. | Country club not a "fraternal" organization exempt from property tax.
Sherwood Forest Country Club v. Litchfield, 08-C-0194 (La. 12/19/08) [32 pp.]
From LSCR Volume 17, Issue 1 Sherwood Forest Country Club (Sherwood Forest) was incorporated as a nonprofit Louisiana corporation in 1955. According to its original arti... view full summary |
| 98. | Constitutional publication requirements not applicable to legislation passed in extraordinary session.
Fruge v. Bd. of Trustees of La. State Emp., 08-CA-1270
This declaratory judgment action challenges the validity of 2002 1st Ex. Sess. La. Acts No. 165 ("Act
165"), which amended La.R.S. ? 11:416, relating to the Louisiana State Employees' Retirement Sy
From LSCR Volume 16, Issue 12 |
| 99. | Ordinance allowing lawsuit to collect property taxes, plus collection costs, unconstitutional.
Fransen v. City of New Orleans, 08-CA-0076 c/w 08-CA-0087 (La. 7/1/08) [25 pp.]
From LSCR Volume 16, Issue 9 The New Orleans City Council adopted Ordinance No.18637, regarding the collection of ad valorem property taxes, permitting the City to impos... view full summary |
| 100. | City may not be compelled to pay judgment out of fund established to pay judgments.
The Newman Marchive Partnership v. City of Shreveport, 07-C-1890 (La. 4/8/08) [12 pp.]
From LSCR Volume 16, Issue 4 The Newman Marchive Partnership, Inc. ("Newman") sued the City of Shreveport ("the City") for breach of contract relative to renovations to ... view full summary |
| 101. | Court fee to subsidize police force unconstitutional.
State v. Kenneth Lanclos, 07-OK-0082 c/w 07-KA-0716 (La. 4/8/08) [16 pp.]
From LSCR Volume 16, Issue 4 The Greater New Orleans Expressway Commission ("GNOEC") polices the Huey P. Long Bridge and the Lake Pontchartrain Causeway Bridge. Sect... view full summary |
| 102. | "Further processing" exception to sales and use taxes construed.
International Paper v. Bridges 07-C-1151 (La. 1/16/08]
From LSCR Volume 16, Issue 1 Plaintiff International Paper ("IP"), a paper manufacturer, applied to the Department of Revenue ("DOR") for a refund of sales and use taxes... view full summary |
| 103. | Assessors' fund tax, paid from other entities' taxes, constitutional.
City of New Orleans v. Louisiana Assessors' Retirement and Relief Fund, 2005-CA-2548 (La. 10/1/07) [70 pp.]
From LSCR Volume 15, Issue 10 The plaintiff assessors' retirement fund ("Fund") provides retirement allowances and other benefits to the state's assessors and their emplo... view full summary |
| 104. | Senator term-limited; partial term began when election was final.
Deculus v. Welborn, 2007-C-1888 (La. 10/1/07) [14 pp.]
From LSCR Volume 15, Issue 10 Plaintiffs filed this suit to challenge the candidacy of defendant, Senator Cleo Fields, for re-election to his senate seat on October 20, 2... view full summary |
| 105. | Payment of taxes under protest required to contest only ad valorem taxes.
Kinchen v. Livingston Parish Council, 07-C-0478 (La. 10/16/07) [7 pp.]
From LSCR Volume 15, Issue 10 Plaintiff Carlene T. Kinchen appeals the dismissal of her suit on peremptory exception. In July, 2004, the Livingston Parish Council ("Paris... view full summary |
| 106. | Industrial district not exempt from taxation by recreation district.
International Paper Company v. Hilton, 07-C-0290 (La. 10/16/07) [28 pp.]
From LSCR Volume 15, Issue 10 Plaintiff International Paper Company filed this suit to contest the imposition of an ad valorem property tax upon a parcel of land owned by... view full summary |
| 107. | Louisiana Public Service Commission rules construed.
Washington St. Tammany Elec. Coop. v. La. Pub. Service Comm'n, 06CA2814 c/w 07CA0109
[La. 4/11/07]
From LSCR Volume 15, Issue 5 This case is before the court on direct appeal from a district court judgment affirming a ruling by the Louisiana Public Service Commission ... view full summary |
| 108. | Tax redemption by any person inures to the benefit of the record owner of the property
Sid Hebert, Sheriff v. Katie M. Hollier, 06-C-1077 (La. 3/9/07) [7 pp.]
From LSCR Volume 15, Issue 3 In September, 2002, defendant Katie Hollier purchased a one-tenth ownership interest in a tract of immovable property for the sum of $3,762.... view full summary |
| 109. | Legal issues raised more than 30 days after passage of bond ordinance are perempted.
Naquin v. Lafayette City-parish Consolidated Government, 2006-C-2227 (La. 2/22/07) [29 pp.]
From LSCR Volume 15, Issue 3 Taxpayers of the City of Lafayette moved to invalidate a bonds issued by the Lafayette City-Parish Government ("Lafayette") to develop a sta... view full summary |
| 110. | Reduction of sentences pursuant to ameliorative legislation falls to executive branch.
State v. Wesley Dick, 2006-KP-2223 c/w 2006-KP-2226 (La. 1/26/07) [24 pp.]
From LSCR Volume 15, Issue 2 In these consolidated cases, defendants Dick and Smith were found guilty of distribution of heroin, and were sentenced to life imprisonment.... view full summary |
| 111. | Public Service Commission assessments not a "tax."
Voicestream GSM I Operating Co. v. La. Public Service Comm'n, 2005-CA-2578 (La. 11/29/06) [21 pp.]
From LSCR Volume 14, Issue 12 Plaintiffs are providers of wireless telecommunications services in Louisiana under the more widely known corporate name "T-Mobile." T-Mobil... view full summary |
| 112. | Peremptive period for challenging revenue bonds construed.
Denham Springs Econ. Dev. Dist. v. All Taxpayers, 05-C-2274 (La. 10/17/06) [35 pp.]
From LSCR Volume 14, Issue 10 [Note: This case deals with the procedural issues of revenue bonds, and not with the merits of the development project itself.] Plaintiff th... view full summary |
| 113. | "Loan of public funds" construed; overruling controlling precedent.
Industrial Development Board v. All Taxpayers, 2005-C-2298 (La. 9/6/06)
[]
From LSCR Volume 14, Issue 9 In 2005, the City of Gonzales (the "City") adopted an ordinance creating a "Gonzales Economic Development District" run by the City Industri... view full summary |
| 114. | Use taxes applicable to property used in interstate commerce; "taxable moment" doctrine construed; overruling controlling precedent.
Word of Life Christian Center v. West, 04-C-1484 (La. 4/17/06) [33 pp.]
From LSCR Volume 14, Issue 4 Taxpayer the Word of Life Christian Center, Inc. ("Word of Life") is a nonprofit corporation located in Ascension Parish. In 1997, Word of L... view full summary |
| 115. | Governmental subdivisions may not contract away their taxing powers.
Hudson v. Bossier City, 05-C-0351c/w 05-C-0352 (La. 4/17/06) [25 pp.]
From LSCR Volume 14, Issue 4 Plaintiffs filed this suit to invalidate revenue-sharing agreements entered into by governmental entities in Bossier Parish. The 1991 Louisi... view full summary |
| 116. | Home rule municipality may ban cock fighting, even if state law does not.
Claddie Savage d/b/a Piney Woods Game Club v. Prator, 04-C-2904 (La. 1/19/06) [12 pp.]
From LSCR Volume 14, Issue 2 Plaintiffs sued for declaratory and injunctive relief after being informed by the Caddo Sheriff's Office that a pre-existing parish ordinanc... view full summary |
| 117. | WTC Tax Increment Financing statute unconstitutional.
World Trade Center Taxing Dist. v. All Taxpayers, 2005-CA-0374 (La. 06/29/05) [23 pp.]
From LSCR Volume 14, Issue 1 When a downturn in the economy in the 1980's resulted in significant unoccupied space in the World Trade Center ("WTC") at the foot of Canal... view full summary |
| 118. | Barge is not a "ship" or "vessel"; "remedial" statute not retroactive.
Mallard Bay Drilling v. Kennedy, 2004-C-1089 (La. 6/29/05) [33 pp.]
From LSCR Volume 14, Issue 1 This is a petition for a sales tax refund. Plaintiff Mallard Bay Drilling, Inc. ("Mallard") is engaged in the business of drilling oil and g... view full summary |
| 119. | Redrawn electoral district lines nullify prior local option vote.
Sabine Parish Police Jury v. Comm'r of Alcohol & Tobacco Control, 2004-C-1833 (La. 04/12/05) [30 pp.]
From LSCR Volume 13, Issue 6 In 1977, the voters of Ward 3 of Sabine Parish voted in a local option election to prohibit the sale of alcoholic beverages in Ward 3, which... view full summary |
| 120. | Two senate vacancies do not affect the number required to form a quorum or majority.
Marionneaux v. Hines, 2005-OC-1191 (La. 5/17/05) [10 pp.]
From LSCR Volume 13, Issue 6 Certain Louisiana senators filed this suit against the president and the parliamentarian of the Louisiana Senate, to determine how many sena... view full summary |
| 121. | Off-duty injuries of firemen must be compensated.
Johnson v. Marrero-Estelle Vol. Fire Company No. 1, 2004-C-2124 (La. 4/12/05) [12 pp.]
From LSCR Volume 13, Issue 5 Defendant Marrero-Estelle Volunteer Fire Co. No. 1 ("Marrero-Estelle") is a Louisiana not-for-profit corporation under contract with a Jefferson Parish Fire Protection District to provide f... view full summary |
| 122. | City Council candidate disqualified.
Marilyn Landiak v. Cedric L. Richmond, 2005-C-0758 (La. 03/30/05) [25 pp.]
From LSCR Volume 13, Issue 4 On February 11, 2005, defendant Richmond filed a "Notice of Candidacy" form declaring his intent to run in the April 2, 2005 election for th... view full summary |
| 123. | Expropriation: Lessee compensated for loss of lease, but not for his improvements.
Ken Smith d/b/a B&K Music v. State, Dept. of Transp. & Dev, 2004-C- 1317 c/w 2004-C-1594 (La.
03/11/05) [35 pp.]
From LSCR Volume 13, Issue 4 Plaintiff Ken Smith operated his B&K Music business from a building that he subleased orally from Mike Unkel for $200 a month, making variou... view full summary |
| 124. | Foreign holding company is liable for tax on income generated by pass- through subsidiary in Louisiana.
Bridges, Secretary, Dept. of Revenue v. Autozone Prop., 2004-C-0814 (La. 3/24/05) [36 pp.]
From LSCR Volume 13, Issue 4 The Department of Revenue filed this suit to recover state income taxes on amounts distributed by Autozone Development, Inc. ("Development")... view full summary |
| 125. | No appellate jurisdiction over interlocutory administrative ruling, where jurisdiction to make the ruling has changed before finality.
Lake Charles Pilots, Inc. v. La. Pub. Service Comm'n, 2004-CA-1190 (La. 3/2/25) [12 pp.]
From LSCR Volume 13, Issue 3 In CITGO Petroleum Corp. v. Louisiana Public Service Comm., 01-1902 (La. 3/15/02), 815 So. 2d 19 ("CITGO I"), the Court held that the tariff... view full summary |
| 126. | "Rededication" of sales and use tax revenue is invalid.
Denham Springs Econ. Dev. Dist. v. All Taxpayers, 2004-C-1674 (La. 2/4/05) [15 pp.]
From LSCR Volume 13, Issue 2 The legislature created the Denham Springs Economic Development District ("District"), composed of 75 acres of property within the city of D... view full summary |
| 127. | "Defense of Marriage" amendment does not violate "one object" rule.
Forum for Equality PAC v. McKeithen, 2004-CA-2477 c/w 2004-CA-2523 (La. 01/19/05) [35 pp.]
From LSCR Volume 13, Issue 2 Plaintiffs filed suit to challenge 2004 La. Acts No. 926, which submitted to the voters in a statewide election a proposed amendment to the ... view full summary |
| 128. | Challenges to "Defense of Marriage" amendment dismissed; prior action is res
judicata.
Forum for Equality PAC v. McKeithen, 2004-OC-2551 (La. 01/19/05) [12 pp.]
From LSCR Volume 13, Issue 2 The underlying facts of this case are related in the Court's opinion in Forum for Equality PAC v. McKeithen, 2004-CA2477 c/w 2004-CA2523, in... view full summary |
| 129. | Increased employer taxes for state employees' retirement system are valid.
La. Municipal Ass'n v. State, and Firefighters' Retirement System, 2004-CA-0227 (La. 1/19/05) [87 pp.]
From LSCR Volume 13, Issue 2 Plaintiffs in this complex case are associations, political subdivisions, and fire districts that employ firefighters in Louisiana. Plaintif... view full summary |
| 130. | Legislature's "interpretive," retroactive overruler of judicial opinion unconstitutional.
Unwired Telecom Corp. v. Parish of Calcasieu, 2003-CA-0732 (La. 1/19/05) [23 pp.]
From LSCR Volume 13, Issue 1 Plaintiff Unwired sells mobile telephone service and is the successor in interest to Mercury Cellular, a company that merged with Unwired. M... view full summary |
| 131. | Mandamus not available to force the legislature to pay a judgment against the state.
Hoag v. State of Louisiana, 2004-CD-0857 (La. 12/1/04) [10 pp.]
From LSCR Volume 12, Issue 12 In 1984, the legislature enacted La.R.S. S 33:1559 entitled "Extra Compensation for Coroners," providing $540 per month to be paid by the st... view full summary |
| 132. | Constitutional prohibition on local taxation of "motor fuel" is broadly interpreted.
Ocean Energy, Inc. v. Plaquemines Parish Government, 2004-C-0066 (06/07/04) [24 pp.]
From LSCR Volume 12, Issue 7 This is an action for refund of sales and use taxes paid under protest. Conducting an audit, Plaquemines Parish Government ("PPG") found tha... view full summary |
| 133. | Legislative pay raise for certain classified civil servants unconstitutional.
State Civil Service Commission v. Director, Dept. of Public Safety, 2003-CA-1702 (La. 4/4/04) [20 pp.]
From LSCR Volume 12, Issue 5 The Louisiana Legislature, in July, 1999, enacted La.R.S. S 33:2218.2(a)(2)(A), which authorized supplemental pay of $300 a month by the state to law enforcement officers working within the boundarie... view full summary |
| 134. | Public bid requirements are strictly construed; injunction granted. See Broadmoor, L.L.C. v. Ernest J. Morial New Orleans Exhibition Hall Authority, 2004-CC-0211 c/w 2004- CC-0212 (La. 03/18/04), reported under "Contracts," supra. Board of Ethics subpoena upheld.
Mary Moe, L.L.C. v. Louisiana Bd. of Ethics, 2003-C-2220 (La. 4/14/04) [15 pp.]
From LSCR Volume 12, Issue 4 Plaintiffs are four L.L.C.'s that are the sole contributors to New Alliance Business Political Action Committee ("New Alliance"). The L.L.C.... view full summary |
| 135. | Police chief's recommendation not necessary for city to terminate policemen.
Grant v. Mayor George Grace, 2003-C-2021 (La. 4/14/04) [13 pp.]
From LSCR Volume 12, Issue 4 Plaintiff filed this suit for an injunction and damages after the Council of the City of St. Gabriel terminated him as a police officer. Pla... view full summary |
| 136. | Back pay awarded for loss of job that was later eliminated.
Howard v. West Baton Rouge Sch. Bd., 2003-C-1426 (La. 2/20/04) [5 pp.]
From LSCR Volume 12, Issue 3 Plaintiff Howard was a tenured vocational instructor whose tenure was revoked in March, 1997. Howard appealed his termination; and ultimatel... view full summary |
| 137. | Allowing commissioners to determine probable cause is not unconstitutional.
State v. Ifiany Obrinna Umezulike, 03-KA-1404 (La. 02/25/04) [17 pp.]
From LSCR Volume 12, Issue 3 On January 28, 2000, Commissioner Diana Simon of the Fifteenth Judicial District, issued a search warrant for the vehicle and home of defend... view full summary |
| 138. | Foreign corporation subject to Louisiana franchise taxes, where business was actually managed here.
Kevin Associates, L.L.C. v. Crawford, Department of Revenue, 2003-C-0211 (La. 01/30/04) [16 pp.]
From LSCR Volume 12, Issue 2 Yendis Properties, Inc., is a Delaware corporate subsidiary of K&B, Inc., also a Delaware corporation. Yendis was formed to hold the stock o... view full summary |
| 139. | Parish sales tax penalties may exceed 15%, overruling recent precedent.
Anthony Crane Rental v. Fruge, 03-C-0115 (La. 10/21/03) [12 pp.]
From LSCR Volume 11, Issue 11 Plaintiff ACR filed suit against the Parish of Calcasieu to contest the assessment of delinquent sales and use taxes, along with interest, p... view full summary |
| 140. | District judge removed from office for lying under oath.
In re: Judge C. Hunter King, 03-O-1412 (La. 10/23/03) [27 pp.]
From LSCR Volume 11, Issue 10 Former court reporter Barbara Wallace filed this complaint with the Judiciary Commission against Hon. C. Hunter King, Civil District Cou... view full summary |
| 141. | City privatization plan does not run afoul of civil service authority.
Civil Service Comm'n v. City of New Orleans, 02-C-1812 (La. 9/9/03) [21 pp.]
From LSCR Volume 11, Issue 9 The Civil Service Commission ("Commission") for the City of New Orleans ("City") brought this suit for an injunction, seeking to prevent the... view full summary |
| 142. | Re-employment by the state not a "retirement benefit."
Gregg Smith, et al. v. Bd. of Trustees of La. State Employees' Retirement System, 2002-CA-2161 (La. 6/27/03) [31pp.]
From LSCR Volume 11, Issue 7 Plaintiffs are employees of the Department of Corrections who filed this suit to enjoin the enforcement of a statute that retrospectively st... view full summary |
| 143. | Tenured teacher dismissed for violating unwritten policy.
Wise v. Bossier Parish Sch. Bd., 2002-C-1525 (La. 6/27/03) [13 pp.]
From LSCR Volume 11, Issue 7 Plaintiff Wise was a tenured teacher in the public school system who was dismissed, and petitioned for review of that decision. The charge a... view full summary |
| 144. | Private, charter, and special schools are not entitled to a share of lump-sum Tobacco Settlement, when they are only entitled to "earnings" of the Education Fund.
East Baton Rouge School Board v. Foster, 2002-CA-2799 (La.6/6/03) [33 pp.]
From LSCR Volume 11, Issue 6 This declaratory judgment action was brought by Louisiana public school boards to determine the complex distribution of proceeds from tobacc... view full summary |
| 145. | Collateral source rule gives state full recovery against environmental polluters.
Louisiana, DOTD v. Kansas City So. Ry. Co., 2002-C-2349 (La. 5/20/03) [18 pp.]
From LSCR Volume 11, Issue 5 Louisiana Department of Transportation and Development ("DOTD") expended several million dollars to remove environmental pollution at a construction site for Interstate 49 in Shreveport, Louisiana. T... view full summary |
| 146. | Denial of civil service promotion to black officer not improper.
Mo ore v. W are, W est Monroe Fire and Police, 01-C-3341 (La. 2/2 5/03) [17 pp.]
From LSCR Volume 11, Issue 4 Plaintiff appeals the denial of the Civil Service Board ("Board") of West Monroe Parish to order him promoted to sergeant. Plaintiff was a b... view full summary |
| 147. | "Nonrenewal" of teacher's contract is the equivalent of discharge.
Palm er v. State Bd. Elem . & Second. Ed., 2002 -C-2043 (La. 4/9/03) [12 pp.]
From LSCR Volume 11, Issue 4 Plaintiff Palmer was employed by the Special School District # 1 ("SSD") as a probationary special education teacher for the 1998-1999 and 1... view full summary |
| 148. | Video poker gaming revenues construed.
Louisiana Horsemen's Benev. and Prot. Ass'n v. F air Grounds Corp., 200 2-C-1928 (La. 4/9/03) [6 pp.]
From LSCR Volume 11, Issue 4 Plaintiff racehorse association ("Association") filed suit on behalf of its members against certain horse racing tracks ("Tracks"), alleging... view full summary |
| 149. | Public project's contractor not liable for sales and use taxes on materials purchased.
F. M iller & Sons, Inc. v. Calcasieu Parish School Board, 2002-C-1680 (La. 2/25/03) [14 pp.]
From LSCR Volume 11, Issue 3 Pursuant to the Public Bid Law and La.R.S. S 34:308, the Lake Charles Harbor & Terminal District a/k/a the Port of Lake Charles (the "Port")... view full summary |
| 150. | Unwritten practice contrary to civil service rules not a vested property right.
Lafleur v. City of New Orleans, 2001-C-3224 (La. 12/4/02) [11 pp.]
From LSCR Volume 10, Issue 12 Plaintiffs, New Orleans police officers, filed suit against the City of New Orleans seeking compensation for sick leave that was accrued but unused as of the date of their retirement. Allegedly, the ... view full summary |
| 151. | City minimum wage ordinance unconstitutional: municipal home rule trumped by general state law.
New Orleans Campaign for a Living Wage v. City of New Orleans, 02-CA-0991 (La. 9/4/02) [14 pp.]
From LSCR Volume 10, Issue 9 Plaintiffs ("Proponents") and defendants ("Opponents") filed simultaneous suits seeking to determine the respective constitutionality of City of New Orleans Ordinance No. 20376, establishing a minimu... view full summary |
| 152. | District judge removed from office.
In Re: Judge Sharon K. Hunter, 2002-O-1975 (La. 8/19/02), reh. den. [29 pp.]
From LSCR Volume 10, Issue 8District judge removed from office. ','YES','In Re: Judge Sharon K. Hunter, 2002-O-1975 (La. 8/19/02), reh. den. [29 pp.]',' The Judiciary Commission of Louisiana conducted a hearing and determined th... view full summary |
| 153. | Ban on casino political contributions constitutional.
Casino Association of Louisiana v. State of Louisiana, 02-CA-0265 (La. 6/21/02) [23 pp.]
From LSCR Volume 10, Issue 7 Land-based and riverboat casino interests filed suit to invalidate La.R.S. S 18:1505.2(L), prohibiting campaign contributions by those casinos and by related persons and entities. The district court ... view full summary |
| 154. | "Nonshooter" had specific intent to kill; vacating prior opinion on rehearing.
State v. Bridgewater, 00-KA-1529 (La. 6/21/02) [11 pp.]
From LSCR Volume 10, Issue 6 Defendant appeals his conviction of first-degree murder. Defendant and an accomplice entered the victims' house for the purpose of committing burglary; and both victims were shot in the head, executi... view full summary |
| 155. | Supervisory writ granted to suppress inculpatory statement.
State of Louisiana v. Simon Hutchinson, 02-KK-0304 (La. 6/6/02) [1 p.]
From LSCR Volume 10, Issue 6 The Court granted defendant's application for supervisory writ, after the district court denied his motion to suppress an inculpatory statement on Sixth Amendment grounds: "The state has not shown th... view full summary |
| 156. | State tax exemption for foreign or coastal commerce applies only to
vessels that leave the state.
Archer Daniels Midland Company, et al. v. Parish School Board of the Parish of St. Charles, et al., 01-C- 0511 (La. 11/28/01) [12 pp.]
From LSCR Volume 9, Issue 11 Plaintiffs were taxpayers that operated tugboats in St. Charles Parish. The tugs never left the parish. Because plaintiffs' operations consi... view full summary |
| 157. | Parish's obligation to fund coroner's office entitles coroner to
attorney's fees in successful mandamus suit to acquire funding.
Dr. Roderick P. Perron, M.D., Coroner v. Evangeline Parish Police Jury, et al., No. 2001-C-0603 (La. 10/16/01) [11 pp.]
From LSCR Volume 9, Issue 10 Plaintiff coroner sought mandamus relief against the parish police jury to force it to fund his office, pursuant to its statutory duty in La... view full summary |
| 158. | Bills regulating public trusts as state agencies are constitutional
Louisiana Public Facilities Authority v. Murphy J. "Mike" Foster, Jr., No. 01-CA-0009 (La. 9/18/01) [18 pp.]
From LSCR Volume 9, Issue 9 Plaintiff the Louisiana Public Facilities Authority ("LPFA") was created in 1974 pursuant to the Public Trusts Act, La.R.S. SS 9:2341, e... view full summary |