Pasqua v. St. Landry Parish Police Jury

651 So. 2d 430, 94 La.App. 3 Cir. 1196, 1995 La. App. LEXIS 495, 1995 WL 82060
CourtLouisiana Court of Appeal
DecidedMarch 1, 1995
DocketNo. 94-01196
StatusPublished
Cited by2 cases

This text of 651 So. 2d 430 (Pasqua v. St. Landry Parish Police Jury) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pasqua v. St. Landry Parish Police Jury, 651 So. 2d 430, 94 La.App. 3 Cir. 1196, 1995 La. App. LEXIS 495, 1995 WL 82060 (La. Ct. App. 1995).

Opinion

LPETERS, Judge.

This suit was filed by Charles J. Pasqua, the Executive Director of the Louisiana Municipal Association; John W. Joseph, the Mayor of the City of Opelousas; L. Leo Quebedeaux, the Mayor of the Town of Ar-naudville; and Harold Taylor, the Mayor of the Village of Palmetto. The plaintiffs sought and received certification pursuant to Louisiana Code of Civil Procedure article 598.1 as representatives of the class of individuals residing in the incorporated municipalities situated in St. Landry Parish who pay the sales tax imposed by the State of Louisiana upon the retail purchase of gasoline, motor fuels, and/or special fuels. The defendants in this class action are the St. Landry Parish Police Jury and the State of Louisiana. The plaintiffs allege that the St. Landry Parish Police Jury has arbitrarily denied the incorporated municipalities of St. Landry Parish the right to share in the funds derived from the Parish Transportation Fund Act and seek both a declaratory judgment and injunctive relief. This appeal arises from the granting of Ran exception of no cause of action in favor of both defendants by the trial court.

FACTS

In 1974, the state legislature enacted the Parish Transportation Fund Act, Louisiana Revised Statutes 48:751 et seq., which was designed to allocate monies to each of the state’s sixty-four parishes for the maintenance and construction of roads, ditches, and bridges within each of the parishes. The funding for the allocation is derived from the Parish Transportation Trust Fund which is comprised of excess revenues earned from taxes levied on the sale of gasoline, motor fuels, and special fuels. The monies in that fund are distributed to the parish governing authorities on a per capita basis in population. La.R.S. 48:756(A)(1). Under the provisions of the Act, each parish governing authority has the discretion to apportion the money to appropriate projects throughout its parish. La.R.S. 48:753(E). In addition, the Act also provides that:

[A] parish governing authority, upon request of the governing authority of any incorporated municipality within the parish, may perform all or any part of the repair, maintenance, and care of roads, streets, alleys, bridges, and culverts and other drainage facilities, situated within and under the jurisdiction of such incorporated municipality.
La.R.S. 48:753(A)(5) (emphasis added).

The class action plaintiffs are seeking declaratory and injunctive relief including, among other things:

1. A judgment of this Court (the trial court) declaring and decreeing that:
a. Roads located within incorporated municipal limits are eligible for monies from the Parish Transportation Trust Fund;
b. The defendants improperly and illegally denied the requests for such funds by the cities of Opelousas, Arnaudville, Palmetto and other incorporated municipalities within the Parish; and
c. The defendants’ disproportional allocation of such funds to Lroads located outside of the municipal limits of the incorporated municipalities within the Parish is illegal and in violation of the equal protection clauses of the Louisiana Constitution and/or the Constitution of the United States.

The plaintiffs also seek an injunction preventing the police jury from expending any funds from the Parish Transportation Fund unless the money is distributed on either a per capita basis or on a ratio of miles within incorporated municipalities to roads not within incorporated municipalities, or unless the parish provides equivalent “in kind” services to the municipality.

The defendants filed exceptions of no cause of action which were granted by the trial court, thereby giving rise to this appeal.

[433]*433ANALYSIS

The defendants contend that the plaintiffs’ petition fails to state a cause of action in that the allegations do not support an equal protection claim nor a claim for the improper delegation of legislative authority. While we agree that the petition fails to allege an equal protection violation, we do not find that the petition fails to state a cause of action.

The function of an exception of no cause of action is to test the legal sufficiency of the petition. La.Code Civ.P. art. 927(4); Everything on Wheels Subaru, Inc. v. Subaru South, Inc., 616 So.2d 1234 (La.1993). The court must review the petition, and accepting the well-pleaded allegations of fact as true, must determine whether, on the face of the petition, the plaintiff is legally entitled to the relief sought. Id. The exception must be overruled unless the plaintiff has no cause of action under any evidence admissible under the pleadings. In other words, if the petition states a cause of action under any set of facts or as to any ground or portion of demand, the exception of no cause of action must be overruled. Citizens Organized for Sensible Taxation (C.O.S.T.) v. St. Landry Parish School Board, 528 So.2d 1048 (La. App. 3d Cir.1988). In addition, a party is not required to select a “theory of the case” or defense and adhere to it throughout the litigation. See La.Code Civ.P. art. 862; First South Production Credit Association v. Georgia-Pacific, 585 So.2d 545 (La.1991). Therefore, the court may grant any relief to which the party is entitled as long as the facts constituting the claim are sufficiently alleged in the petition. Id.

The trial court found that the plaintiffs’ petition failed to allege a constitutional violation. In doing so, he reasoned that:

Unless the fundamental rights, privileges and immunities of a person are involved, there is a strong presumption that the legislature, in adopting a statute, has acted within constitutional boundaries. Dir. of La. Recovery Dist. v. Taxpayers, 529 So.2d 384 (La.1988); State v. Griffin, 495 So.2d 1306 (La.1986); City of Lake Charles v. Henning, 414 So.2d 331 (La. 1982). The presumption is especially forceful when statutes are enacted to promote a public purpose. Interstate Oil Pipe Line Co. v. Guilbeau, 46 So.2d 113 (La. 1950). The party claiming such a statute to be unconstitutional has the burden of demonstrating clearly that the legislation does not further a legitimate state interest, and any doubt as to the constitutionality of the legislation must be resolved in its favor. Griffin, supra; State v. Gisclair, 363 So.2d 696 (La.1978); City of Lake Charles v. Chaney, 468 So.2d 1191 (La.1985).
The statutes attacked by plaintiffs concern the distribution and allocation of funds which are to be used on road projects within the parish and should therefore be regarded as promoting a public purpose. Pursuant to Interstate Oil Pipe Line Co., the forceful presumption that the legislature, in adopting a statute, has acted within its constitutional powers is especially strong when statutes are enacted to promote a public purpose. Further, it is plaintiffs’ duty to prove clearly that the statutes are invalid or unconstitutional. Griffin, supra. Plaintiffs have not done so in the case at hand. Hence, any doubt concerning the constitutionality of the legislation must be resolved in its favor.

In further support of the trial court’s finding we note State ex rel. Guste v. K-Mart Corporation, 462 So.2d 616 (La.1985), in which the supreme court stated,

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651 So. 2d 430, 94 La.App. 3 Cir. 1196, 1995 La. App. LEXIS 495, 1995 WL 82060, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pasqua-v-st-landry-parish-police-jury-lactapp-1995.