Parish v. Parker

615 So. 2d 327, 1993 La. LEXIS 1029, 1993 WL 72299
CourtSupreme Court of Louisiana
DecidedMarch 12, 1993
DocketNo. 92-C-3305
StatusPublished
Cited by1 cases

This text of 615 So. 2d 327 (Parish v. Parker) 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 v. Parker, 615 So. 2d 327, 1993 La. LEXIS 1029, 1993 WL 72299 (La. 1993).

Opinion

PER CURIAM.

If La. Const. art. VII, § 4(E) affords a remedy to a coastal parish to recover from the state one-tenth of the state’s share of the royalties from oil and gas produced on federally owned lands from pools underlying both state and federal lands, then the governing body of the parish is the proper plaintiff to assert the parish’s real and actual interest in the claim. Thus, St. Mary Parish has a right of action.

Whether the coastal parish is entitled to any portion of the funds is an issue to be addressed at the trial on the merits' and not on an éxception of no right of action.

Accordingly, the judgments of the lower courts sustaining the exception of no right of action are set aside, and the case is remanded to the district court for further proceedings.

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Related

State v. Morris
615 So. 2d 327 (Supreme Court of Louisiana, 1993)

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Bluebook (online)
615 So. 2d 327, 1993 La. LEXIS 1029, 1993 WL 72299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parish-v-parker-la-1993.