State Licensing Board for Contractors v. Gravity Drainage District 5

Supreme Court of Louisiana

State Licensing Board for Contractors v. Gravity Drainage District 5

672 So. 2d 906, 1996 La. LEXIS 1317, 1996 WL 208464

CourtSupreme Court of Louisiana

DecidedApril 25, 1996

DocketNo. 96-CC-1009

StatusPublished

This text of 672 So. 2d 906 (State Licensing Board for Contractors v. Gravity Drainage District 5) 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

State Licensing Board for Contractors v. Gravity Drainage District 5, 672 So. 2d 906, 1996 La. LEXIS 1317, 1996 WL 208464 (La. 1996).

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Opinion

In re Louisiana, State of; — Other(s); applying for supervisory and/or remedial writs; Parish of Calcasieu, 14th Judicial District Court, Div. “F”, No. 96-1572; to the Court of Appeal, Third Circuit, No. CA96-0464.

Granted. Judgment of court of appeal vacated and set aside. This case is distinguishable from State Licensing Board of Contractors v. Louisiana State Department of Agriculture and Forestry, 588 So.2d 1268 (La.App.1991), writ denied, 590 So.2d 598 (La.1992), since La.R.S. 38:1767 specifically gives the board of commissions of the gravity drainage districts authority to “cut and open new drains, ditches, and canals” and “enter into contracts for performance of these works ... and have the work performed under their supervision....” This specific statute clearly controls over the general Contractor’s Licensing Law. Accordingly, the judgment of trial court denying preliminary injunction is reinstated.

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In re Louisiana, State of; — Other(s); applying for supervisory and/or remedial writs; Parish of Calcasieu, 14th Judicial District Court, Div. “F”, No. 96-1572; to the Court of Appeal, Third Circuit, No. CA96-0464.

Granted. Judgment of court of appeal vacated and set aside. This case is distinguishable from State Licensing Board of Contractors v. Louisiana State Department of Agriculture and Forestry, 588 So.2d 1268 (La.App.1991), writ denied, 590 So.2d 598 (La.1992), since La.R.S. 38:1767 specifically gives the board of commissions of the gravity drainage districts authority to “cut and open new drains, ditches, and canals” and “enter into contracts for performance of these works ... and have the work performed under their supervision....” This specific statute clearly controls over the general Contractor’s Licensing Law. Accordingly, the judgment of trial court denying preliminary injunction is reinstated.

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Bluebook (online)

672 So. 2d 906, 1996 La. LEXIS 1317, 1996 WL 208464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-licensing-board-for-contractors-v-gravity-drainage-district-5-la-1996.

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