Sabine Parish v. Com'n of Alcohol & Tobacco

879 So. 2d 349
CourtLouisiana Court of Appeal
DecidedJune 23, 2004
Docket2004-78
StatusPublished
Cited by3 cases

This text of 879 So. 2d 349 (Sabine Parish v. Com'n of Alcohol & Tobacco) 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
Sabine Parish v. Com'n of Alcohol & Tobacco, 879 So. 2d 349 (La. Ct. App. 2004).

Opinion

879 So.2d 349 (2004)

SABINE PARISH POLICE JURY
v.
COMMISSIONER OF ALCOHOL & TOBACCO CONTROL.

No. 2004-78.

Court of Appeal of Louisiana, Third Circuit.

June 23, 2004.

*350 Don M. Burkett, District Attorney, Many, LA, for Sabine Parish Police Jury.

Donald G. Kelly, Kelly, Townsend & Thomas, Natchitoches, LA, for Sabine Manufacturing, Inc.

Celia R. Cangelosi, Baton Rouge, LA, for Commissioner of Alcohol & Tobacco Control.

Court composed of ULYSSES GENE THIBODEAUX, C.J., GLENN B. GREMILLION, and JOHN B. SCOFIELD[*], Judges.

THIBODEAUX, Chief Judge.

The dispute in these three consolidated cases involves whether a certain portion of Sabine Parish can sell alcoholic beverages. The Sabine Parish Police Jury (Police Jury) appeals the judgment of the trial court finding that Ward 3 of Sabine Parish, was merged with Election District 6 of Sabine Parish when election districts were created in that parish, resulting in Ward 3's prohibition of the sale of alcohol to be without effect. For the following reasons, we affirm the judgment of the trial court.

I.

ISSUE

The issue in this case is whether, pursuant to La.R.S. 26:583, Ward 3 of Sabine Parish, which prohibits the sale of alcoholic beverages, has been merged into Election District 6, which does not prohibit such sales, when Sabine Parish was divided into election districts encompassing parts of both Wards 3 and 5.

II.

FACTS

In March 1977, a local option election was held in Ward 3 of Sabine Parish. The citizens of Ward 3 voted to forbid the sale of alcoholic beverages in the ward. In the 1980s, Sabine Parish was divided into election districts. The impetus for the creation of election districts based on population in the 1980s appears to have been the parish's desire to comply with the federal mandate of "one man-one vote." See King v. Caddo Parish Comm'n, 31,098, p. 5 (La. App. 2 Cir. 12/22/98), 727 So.2d 545, 548, and Stephens v. Madison Parish Police Jury, 463 So.2d 609 (La.App. 2 Cir.1984). When Election District 6 was created, part of Ward 3 and all of Ward 5 were included. Ward 5 had not held a local option election; thus, the sale of alcoholic beverages was not prohibited in that ward.

On January 15, 2003, the Police Jury passed a resolution opposing the issuance of alcoholic beverage licenses in Ward 3. Thereafter, on January 23, 2003, Sabine Manufacturing, Inc. (Sabine Mfg.), which operates Toledo Town and Tackle (Town & *351 Tackle) in Ward 3, applied to the State of Louisiana, Department of Alcohol and Tobacco Control, for a permit to sell beverages of high and low alcohol content at Town & Tackle. The State granted the license to Sabine Mfg. However, the Sheriff of Sabine Parish, Guffey Pattison, refused to issue a local license and Sabine Mfg. filed suit to obtain the local license.

In June 2003, Sabine Mfg. applied for both a state and local license to sell high and low alcoholic content beverages at Mr. C's Café, a restaurant Sabine Mfg. operates which is located also within the boundaries of Ward 3. Again, the state license was granted, but the Police Jury refused to issue a local license. Sabine Mfg. filed suit again. Thereafter, the Police Jury filed suit against the Commissioner of Alcohol and Tobacco Control and Sabine Mfg. to have the Commissioner's decision to grant liquor licenses to Sabine Mfg. reviewed. The Police Jury asserted that the state was prohibited from issuing a liquor license to Sabine Mfg. because Ward 3's previous local option election resulted in a prohibition against the sale of alcoholic beverages within its boundaries.

The three cases were consolidated for trial. At the conclusion of trial, the trial court rendered a judgment in favor of the Commissioner and Sabine Mfg. and ordered the Police Jury and Sheriff Pattison to issue local liquor licenses to Sabine Mfg. It is from this judgment that the Police Jury and Sheriff Pattison appeal.

III.

LAW AND DISCUSSION

The Police Jury and Sheriff Pattison contend that the sale of liquor remains prohibited in Ward 3 because it still retains some functions as a separate ward, e.g., its road district, tax collecting and spending powers, fire protection and stock laws, and has not been totally abolished as a ward for these purposes. They argue that becoming a part of Election District 6 did not change the "dry" status of Ward 3. To the contrary, Sabine Mfg. and the Commissioner urge that once Ward 3 became part of Election District 6, a district that allows the sale of alcohol, its status as a "dry" ward was negated pursuant to La. R.S. 26:583.

Title 26 is the Alcoholic Beverage Control Law and its provisions regulate, among other aspects of controlling the sale of alcoholic beverages, local option elections. An election district is defined in La.R.S. 26:581(2) as a "district from which a parochial officer is elected but `election district' does not include a district located entirely within an incorporated municipality." The election code defines "ward" as "a police jury ward in a parish and in parishes having no police jury wards means the subdivision of the parish equivalent to a police jury ward." La.R.S. 18:2(11).

In King, the case cited by the trial court in its judgment in this case, a portion of a previously established "dry" ward was encompassed within a later created election district. The issue in King was whether the portion of the ward that was within the new election district retained its "dry" status. The issue is the same in the present case. Ultimately, the court in King concluded that the ward did not retain its "dry" status once it became part of the election district.

At first glance, and in accordance with the appellants' arguments, it appears that the King decision is justified because throughout the opinion it referred to the ward as the "old ward three." Appellants assert that the court's reference to the ward as the "old" ward indicates that the ward was abolished; thus, central to the King decision is the fact that the ward did *352 not exist for any purpose once it was made part of the election district or, in other words, it was totally abolished. They argue that the ward at issue in the present case still exists for limited purposes and has not been declared abolished, unlike the ward in King which ceased to exist for all purposes. King, therefore, does not support the trial court's judgment. We disagree with the appellants' position.

Our reading of King is that the court's reference to the "old" ward three did not clearly imply that it was a thing of the past. Instead the use of the word "old" when discussing ward three appears to be nothing more than a way of distinguishing it from the newly formed election district. In King, the court cited with favor the second circuit case of Stephens, 463 So.2d 609. In Stephens, the court specifically concluded that the ward was abolished. However, on rehearing, the court noted that an old ward may continue to have some political function after restructuring, but reinstated the original opinion that a local option election in the old ward was negated. Consequently, it appears that neither King nor Stephens relied heavily on the abolishment of the respective wards for all purposes to conclude that they became a part of the new election district and were no longer "dry." It does appear that both cases focused on whether the wards were used for election purposes. In Stephens,

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Related

Sabine Police Jury v. Com'r of Alcohol
898 So. 2d 1244 (Supreme Court of Louisiana, 2005)
Sabine Manufacturing, Inc. v. Sabine Parish Police Jury
880 So. 2d 871 (Louisiana Court of Appeal, 2004)

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Bluebook (online)
879 So. 2d 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sabine-parish-v-comn-of-alcohol-tobacco-lactapp-2004.