Club Outer Limits, Inc. v. Acadia Parish Police Jury

Supreme Court of Louisiana

Club Outer Limits, Inc. v. Acadia Parish Police Jury

695 So. 2d 1337, 1997 La. LEXIS 2082, 1997 WL 381138

CourtSupreme Court of Louisiana

DecidedJune 30, 1997

DocketNo. 97-OC-1366

StatusPublished

This text of 695 So. 2d 1337 (Club Outer Limits, Inc. v. Acadia Parish Police Jury) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Club Outer Limits, Inc. v. Acadia Parish Police Jury, 695 So. 2d 1337, 1997 La. LEXIS 2082, 1997 WL 381138 (La. 1997).

Pincite

Opinion

ORDER

This appeal was transferred to this court by the court of appeal pursuant to La.Code Civ.P. art. 2162, on the ground that the judgment of the trial court declared part of an ordinance unconstitutional.

Our review of the record reveals that the trial court’s judgment declared the penalty provision of the ordinance “invalid” since it imposed a possible jail term in excess of the thirty day limit provided in La.R.S. 33:1243. Although the trial court in its oral reasons stated the penalty provision was “unconstitutional,” the court did not indicate which constitutional provisions were violated. Additionally, since the penalty provisions were not at issue in plaintiff’s suit for injunction, any reference to the constitutionality of penalty provisions were not essential to the trial court’s judgment.

Accordingly, the case is transferred to the court of appeal for consideration of the appeal on the merits.

FOR THE COURT:

/s/ Pascal F, Calogero, Jr.

Pascal F. Calogero, Jr.

Chief Justice

LEMMON, J., not on panel.

Free access — add to your briefcase to read the full text and ask questions with AI

ORDER

This appeal was transferred to this court by the court of appeal pursuant to La.Code Civ.P. art. 2162, on the ground that the judgment of the trial court declared part of an ordinance unconstitutional.

Our review of the record reveals that the trial court’s judgment declared the penalty provision of the ordinance “invalid” since it imposed a possible jail term in excess of the thirty day limit provided in La.R.S. 33:1243. Although the trial court in its oral reasons stated the penalty provision was “unconstitutional,” the court did not indicate which constitutional provisions were violated. Additionally, since the penalty provisions were not at issue in plaintiff’s suit for injunction, any reference to the constitutionality of penalty provisions were not essential to the trial court’s judgment.

Accordingly, the case is transferred to the court of appeal for consideration of the appeal on the merits.

FOR THE COURT:

/s/ Pascal F, Calogero, Jr.

Pascal F. Calogero, Jr.

Chief Justice

LEMMON, J., not on panel.

Cite This Page — Counsel Stack

Bluebook (online)

695 So. 2d 1337, 1997 La. LEXIS 2082, 1997 WL 381138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/club-outer-limits-inc-v-acadia-parish-police-jury-la-1997.