PeDotti v. Sewerage & Water Board

Supreme Court of Louisiana

PeDotti v. Sewerage & Water Board

253 So. 2d 60, 259 La. 792, 1971 La. LEXIS 3969

CourtSupreme Court of Louisiana

DecidedOctober 13, 1971

DocketNo. 51662

StatusPublished

This text of 253 So. 2d 60 (PeDotti v. Sewerage & Water Board) 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

PeDotti v. Sewerage & Water Board, 253 So. 2d 60, 259 La. 792, 1971 La. LEXIS 3969 (La. 1971).

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Opinion

In re: The Sewerage and Water Board of New Orleans, applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 250 So.2d 785.

Application denied; on the facts found by the Court of Appeal, the result' is correct.

SUMMERS, J., is of the opinion the writ should be granted on the question of cost.

BARHAM, J.,

is of the opinion that the writ should be granted. Our jurisprudence and this case which cast costs against govermental agencies is in direct conflict with our statutory law.-. See R.S.. 13:4521 (amended 1964) and C.C.P. Art. 1920 (Act of 1960). See comment (e). The Constitutional provision for waiver of governmental immunity from liability adopted in 1960 does not necessarily foreclose these statutory provisions’ legality. Moreover, the provisions have not been declared unconstitutional but have simply been ignored. We should consider the entire issue for the effect of our writ denial is to strike down R.S. 13 :4521.

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In re: The Sewerage and Water Board of New Orleans, applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 250 So.2d 785.

Application denied; on the facts found by the Court of Appeal, the result' is correct.

SUMMERS, J., is of the opinion the writ should be granted on the question of cost.

BARHAM, J.,

is of the opinion that the writ should be granted. Our jurisprudence and this case which cast costs against govermental agencies is in direct conflict with our statutory law.-. See R.S.. 13:4521 (amended 1964) and C.C.P. Art. 1920 (Act of 1960). See comment (e). The Constitutional provision for waiver of governmental immunity from liability adopted in 1960 does not necessarily foreclose these statutory provisions’ legality. Moreover, the provisions have not been declared unconstitutional but have simply been ignored. We should consider the entire issue for the effect of our writ denial is to strike down R.S. 13 :4521.

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Bluebook (online)

253 So. 2d 60, 259 La. 792, 1971 La. LEXIS 3969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pedotti-v-sewerage-water-board-la-1971.

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