Holthus v. Louisiana State Racing Commission
This text of 569 So. 2d 547 (Holthus v. Louisiana State Racing Commission) 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.
Opinion
ORDER
An appeal of right pertaining to an ordinance may be taken only when the legislative act of a governing authority, a body which exercises the legislative functions of a political subdivision,, has been declared unconstitutional. Benelli v. City of New Orleans, 474 So.2d 1293 (La.1985).
The Rules of Racing were established by the Racing Commission under the authority of La.Rev.Stat. 4:148. The Racing Commission is not a governing authority which exercises the legislative functions of a political subdivision. Therefore, this court does not have appellate jurisdiction over an appeal from a judgment holding that a portion of the Rules of Racing is unconstitutional.
Accordingly, this appeal is transferred to the Court of Appeal, Fourth Circuit.
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Cite This Page — Counsel Stack
569 So. 2d 547, 1990 La. LEXIS 2621, 1990 WL 175024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holthus-v-louisiana-state-racing-commission-la-1990.