St. Charles Gaming v. Riverboat Gaming

648 So. 2d 1310, 1995 La. LEXIS 185, 1995 WL 14950
CourtSupreme Court of Louisiana
DecidedJanuary 17, 1995
Docket94-WA-2697
StatusPublished
Cited by32 cases

This text of 648 So. 2d 1310 (St. Charles Gaming v. Riverboat Gaming) 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
St. Charles Gaming v. Riverboat Gaming, 648 So. 2d 1310, 1995 La. LEXIS 185, 1995 WL 14950 (La. 1995).

Opinion

648 So.2d 1310 (1995)

ST. CHARLES GAMING COMPANY, INC.
v.
The RIVERBOAT GAMING COMMISSION, et al.

No. 94-WA-2697.

Supreme Court of Louisiana.

January 17, 1995.

*1312 Michael H. Rubin, Paul S. West, McGlinchey, Stafford & Lang, Robert M. Grodner, Timothy H. Scott, Randell O. Lewis, for applicant.

Salvador Anzelmo, Thomas W. Millner, Thomas P. Anzelmo, Graymond F. Martin, Ira J. Rosenzwieg, Robert L. Raymond, Smith, Martin, Schneider, Shields & Moot, Anna-Kathryn Williams, Joseph P. Brantley, IV, Beychok, Freeman & Brantley, Richard P. Ieyoub, Atty. Gen., Thomas A. Warner, III, Sean A. Jackson, Claudeidra Minor, Jenifer Schaye, John M. Landis, Phillip A. Wittmann, Marc D. Winsberg, Stone, Pigman, Walther, Wittmann & Hutchinson, for respondent.

Thomas W. Tucker, Lisa C. West, for amicus curiae.

PER CURIAM.[*]

The question presented is whether a St. Charles Parish zoning ordinance, which restricts riverboat gaming activity within the parish to locations on batture to be specifically designated by subsequent ordinances, is invalid because it violates the state constitution and laws. The State Riverboat Gaming Commission authorized a riverboat gaming company to berth its vessel and conduct riverboat gaming operations at a specific site on the batture. The parish council passed a proposed ordinance rezoning the gaming company's site to permit gaming activities in accordance with the zoning ordinance, but the parish president prevented the measure from becoming law by his veto, and the council failed to override the veto. The gaming company brought suit to enjoin the parish from enforcing its zoning ordinance so as to halt or interfere with the company's construction of berthing facilities at the site. The trial court granted a preliminary injunction to this effect, holding that the zoning ordinance violates both state constitutional and statutory provisions and that, consequently, the gaming company is entitled to injunctive relief without showing irreparable injury.

The parish president appealed to this court, which has jurisdiction because this is a case in which an ordinance has been declared unconstitutional. La. Const.1974, Art. V., § 5(D). We reverse and remand the case to the trial court for further proceedings. The parish zoning ordinance is not unconstitutional or unlawful for the reasons relied upon by the trial court. Article XII, § 6(B) of the state constitution, which mandates the legislature to define and suppress gambling, does not prevent a local government from exercising *1313 its constitutionally delegated home rule powers to adopt and enforce lawful and nonarbitrary zoning ordinances to restrict riverboat gaming activity to reasonably designated zones and locations. The Riverboat Economic Development and Gaming Control Act, La.Rev.Stat.Ann. § 4:501, et seq. (West Supp.1994), does not deny any home rule government the power to enact and enforce constitutional and nonarbitrary zoning ordinances.

The case is remanded to the trial court for its adjudication of the issues not reached, including whether the gaming company can prove all the requisites for injunctive relief, such as irreparable injury; and whether the gaming company is entitled to any relief because the parish acted arbitrarily or unreasonably in failing to perfect an ordinance approving the company's site as a designated location for riverboat gaming activity.

I.

In 1991, the legislature enacted the Louisiana Riverboat Economic Development and Gaming Control Act, La.Rev.Stat.Ann. § 4:501 et seq. (West Supp.1994) (the Riverboat Gaming Act), which authorizes the establishment of a limited number of riverboat gaming projects in the state under the auspices of the Department of Public Safety and Corrections. In June 1993, the Louisiana Riverboat Gaming Commission (the Gaming Commission), pursuant to its statutory authority, awarded the St. Charles Gaming Company, Inc. (SCGC) a Certificate of Preliminary Approval to berth and conduct gaming operations at a site located on the west bank of the Mississippi River in St. Charles Parish. On March 29, 1994, SCGC received a license to conduct such gaming operations from the Louisiana Riverboat Gaming Enforcement Division. On or about May 21, 1994, the Gaming Commission approved SCGC's application for a site change to a 23-acre property located on the east bank of the Mississippi at St. Rose in St. Charles Parish. The Gaming Commission subsequently approved an addition of 9 acres to this site. The entire proposed docking site is located on batture property in St. Charles Parish.

St. Charles Parish enacted the ordinance at issue, Ordinance 93-10-9 (the zoning ordinance), on October 18, 1993, purportedly to regulate land use in light of the enactment of the Riverboat Gaming Act. The Ordinance limits the location of docking and related facilities for riverboat casinos to a newly created zoning category, G-1, and restricts G-1 zoning to batture property in the Parish.[1]

This suit for injunctive relief was brought by SCGC when the Parish failed to grant its request to rezone to G-1 the docking site *1314 located in St. Rose in order for SCGC to proceed with its plans to develop the site for berthing its riverboat casino.[2] Following a two-day hearing, the trial court granted SCGC a preliminary injunction enjoining the Parish of St. Charles and its governing authority, officers, agents and employees, "from interfering with, prohibiting or restricting the location, operation or development, within the Parish of St. Charles, of the St. Charles Gaming Company, Inc. riverboat and gaming operations conducted thereon, at the site along the Mississippi River duly approved by the Louisiana Gaming Commission."

In its Written Reasons for Judgment, the trial court granted the injunction without a showing of irreparable harm based on its finding that (1) the Ordinance is unconstitutional on its face, because it purports to regulate "gambling" in violation of La. Const. art. 12, § 6(B) and La.Rev.Stat.Ann. § 14:90 (West Supp.1994); and (2) "by omission" the Ordinance directly contradicts prohibitory law, because the Riverboat Gaming Act authorizes riverboat gaming on Lake Pontchartrain, see La.Rev.Stat.Ann. § 4:503(B) (West Supp.1994), yet the Ordinance, in limiting G-1 zoning to batture property in the Parish, does not permit the berthing of riverboat casinos along the lake inasmuch as there is no batture property in the St. Charles Parish portion of the lakeshore. The trial court also observed, in a footnote located in the portion of the Written Reasons discussing its findings of fact, that the Parish's application of the zoning ordinance, by allowing the Parish to prohibit gaming through its ability to withhold G-1 zoning, violated the Riverboat Gaming Act, specifically La.Rev.Stat.Ann. § 4:552

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Bluebook (online)
648 So. 2d 1310, 1995 La. LEXIS 185, 1995 WL 14950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-charles-gaming-v-riverboat-gaming-la-1995.