Parish of Jefferson v. Louisiana Department of Corrections

254 So. 2d 582, 259 La. 1063, 1971 La. LEXIS 3828
CourtSupreme Court of Louisiana
DecidedNovember 8, 1971
Docket51299
StatusPublished
Cited by12 cases

This text of 254 So. 2d 582 (Parish of Jefferson v. Louisiana Department of Corrections) 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
Parish of Jefferson v. Louisiana Department of Corrections, 254 So. 2d 582, 259 La. 1063, 1971 La. LEXIS 3828 (La. 1971).

Opinions

HAMLIN, Justice:

Defendant appeals from a judgment of the trial court in favor of the Parish of Jefferson and against Louis M. Sowers,1 ' Director of the Louisiana Department of Corrections, which forever enjoined, restrained, and prohibited Sowers and his successors in office from purchasing the site and facilities known as the “House of The Good Shepherd,” containing approximately thirty acres of land on the River Road, Parish of Jefferson, and declared sub-section 4 of Sec. 902 of Act 353 of 1970, Act 452 of 1970, and Sec. 834 of Act. 192 of 1968, unconstitutional.

Act 192 of 1968 amended Chapter 7 of.’ Title 15 of the Louisiana Revised Statutes, of 1950 by adding thereto a new part to be: designated as Part III-A thereof to contain R.S. 15:821 through 15:839, relative-to prisons and correctional institutions. It provided for the merger of the Louisiana Board of Institutions and the Department of Institutions and consolidated the functions thereof into the Louisiana Department of Corrections (hereinafter referred to as the Department). LSA-R.S. 15:-834 was enacted to read in part as follows:

“Sec. 834. Lands under control of department; lease, rights of way, purchase
“ * * * The director shall also have the authority, with the approval of the Board of Corrections and the Governor, to buy lands needed for the proper use of any institution under the jurisdiction of the department; and also to sell and transfer to any other state agency real property belonging to the state and under the jurisdiction of the department.”
Act 246 of 1968 provides in part:
“To amend Chapter 7 of Title 15 of the Louisiana Revised Statutes of 1950 by adding thereto a new Part, to be des[1069]*1069ignated as Part IV-A thereof and to contain R.S. 15:891 through 15:894, relative to prisons and correctional institutions; to authorize the Louisiana State Department of Institutions to create and establish a juvenile correctional institution, a women’s correctional facility, an adult correctional institution and a diagnostic and treatment center, and to provide with respect to the personnel for said center.
“Be it enacted by the Legislature of Louisiana:
“Section 1. Part IV-A of Chapter 7 of Title 15 of the Louisiana Revised Statutes of 1950, comprising R.S. 15:891 through R.S. 15:894, is hereby enacted to read as follows:

“PART IV-A. ADDITIONAL INSTITUTIONS

“§ 891. Juvenile correctional institution

“The Louisiana State Department of Institutions is hereby authorized to create, establish, operate and maintain a juvenile corectional institution in the greater New Orleans area for children under seventeen years of age who have been or shall be legally adjudged delinquent or neglected juveniles, as defined by law, by a juvenile court of Louisiana or by the • district courts sitting as juvenile courts.”

Act 353 of 1970 provides in part:

“To amend Chapter 7 of Title 15 of the Louisiana Revised Statutes of 1950 by adding thereto a new Part to be designated as Part IV-B thereof to contain R.S. 15:901 through 15:907, and to repeal Sections 891, 911 through 918, 971 through 978 and 1011 through 1018 Title 15 of the Louisiana Revised Statutes of 1950, all relative to juvenile institutions operated by the Louisiana Department of Corrections; to establish a juvenile reception and diagnostic center; to provide for the commitment of juveniles to the said department of corrections; to require the examination of all such juveniles at the juvenile reception and diagnostic center; to provide for the assignment by the said department of corrections of juvenile offenders to the several juvenile institutions operated by the said department of corrections; and to provide with respect thereto.
“Be it enacted by the Legislature of Louisiana:
“Section 1. Part IV-B of Chapter 7 of Title 15 of the Louisiana Revised Statutes of 1950 is hereby enacted to read as follows:
* * *
“§ 902. Juvenile institutions
“The department of corrections shall establish, operate and maintain the Lou[1071]*1071isiana Training Institute for juveniles, with the following branches:
«* * *
“(4) the Louisiana Training Institute, to be located in the greater New Orleans area.” (Emphasis ours.)

Act 452 of 1970 provides:

“To authorize Louisiana Department of Corrections to purchase the site and facilities known as the House of the Good Shepherd, containing approximately thirty acres of land on the right descending bank of the Mississippi River located on the river road, near ‘Bridge City’ in the Parish of Jefferson, State of Louisiana; and to establish on said site the juvenile correctional institution authorised by the provisions of Act No. 246 of 1968, and otherwise to provide with respect thereto.
“Be it enacted by the Legislature of Louisiana:
“Section 1. The Louisiana Department of Corrections is hereby authorized to purchase the site and facilities known as the House of the Good Shepherd, containing approximately thirty acres of land on the right descending bank of the Mississippi River, located on the river road near ‘Bridge City’ in the Parish of Jefferson, State of Louisiana; and to establish on said site the juvenile correctional institution authorized by the' provisions of Act No. 246 of 1968.
“Section 2. The Louisiana Department of Corrections is authorized to expend out of funds available to it such sums as may be necessary for the implementation of this Act.
“Section 3. All laws or parts of laws in conflict herewith are hereby repealed.
“Section 4. The necessity of the immediate passage of this Act having been certified by the Governor to the Legislature while in session, in accordance with Section 27 of Article III of the Constitution of Louisiana, this Act shall become effective immediately upon approval. by the Governor.2” (Emphasis ours.)

By virtue of the legislation supra, the Department commenced negotiations for the purchase of the property herein involved— the “House of The Good Shepherd,” located in Jefferson Parish but embraced in the Greater New Orleans Area. It is stipulated that the Governor of the State of Louisiana signified his consent to the negotiations for the purchase of the property.

■ Mr. Hugh Ford, Planning Director of the Department of Planning, Parish of Jefferson, testified that the “House of The Good Shepherd” area was originally zonéd as “Single Family Residential” when the first Comprehensive Zoning Ordinance was [1073]*1073adopted by the Parish Council in 1958. In 1959-or 1960, the property was reclassified “R-3” for the specific purpose of allowing .a private institution which could not be located on the site if it were zoned “R-l”— single family residential — to be located in the area.

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Parish of Jefferson v. Louisiana Department of Corrections
254 So. 2d 582 (Supreme Court of Louisiana, 1971)

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Bluebook (online)
254 So. 2d 582, 259 La. 1063, 1971 La. LEXIS 3828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parish-of-jefferson-v-louisiana-department-of-corrections-la-1971.