Wheelington v. West Carroll Parish Police Jury

Louisiana Court of Appeal

Wheelington v. West Carroll Parish Police Jury

457 So. 2d 180, 1984 La. App. LEXIS 9559

CourtLouisiana Court of Appeal

DecidedSeptember 26, 1984

DocketNo. 16,475-CA

StatusPublished

This text of 457 So. 2d 180 (Wheelington v. West Carroll 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

Wheelington v. West Carroll Parish Police Jury, 457 So. 2d 180, 1984 La. App. LEXIS 9559 (La. Ct. App. 1984).

Pincite

Opinion

FRED W. JONES, Jr., Judge.

Burnice H. Wheelington filed suit seeking a declaratory judgment that the West Carroll Parish ordinance prohibiting the sale of 3.2 beer in Ward 4 is unconstitutional. The trial judge ruled for plaintiff citing Johnston v. Morehouse Parish Police Jury, 424 So.2d 1053 (La.App. 2d Cir.1982), writ denied 427 So.2d 1208 (La.1983). We affirm.

The case was submitted to the trial judge on a joint stipulation of fact. Wheelington applied to the West Carroll Police Jury for issuance of a permit for the sale of 3.2 beverages (beer). The request was denied based on ordinances prohibiting the sale of alcohol in all the wards of West Carroll Parish. The ordinances were passed after an election held pursuant to the local option laws as they existed in 1976. The election was ordered July 9, 1976 and was held August 28, 1976. The ordinance effectuating the election was passed October 9, 1976.

Johnston, supra, is applicable to all local option elections held under the provisions of La.R.S. 26:586.1 prior to the repeal of La.R.S. 26:588 by Acts 1980 Number 633, § 1. Johnston therefore is indistinguishable from this case. We are in accord with the well-reasoned Johnston opinion and see no reason to repeat it here.

The judgment is affirmed at appellant’s cost.

Free access — add to your briefcase to read the full text and ask questions with AI

FRED W. JONES, Jr., Judge.

Burnice H. Wheelington filed suit seeking a declaratory judgment that the West Carroll Parish ordinance prohibiting the sale of 3.2 beer in Ward 4 is unconstitutional. The trial judge ruled for plaintiff citing Johnston v. Morehouse Parish Police Jury, 424 So.2d 1053 (La.App. 2d Cir.1982), writ denied 427 So.2d 1208 (La.1983). We affirm.

The case was submitted to the trial judge on a joint stipulation of fact. Wheelington applied to the West Carroll Police Jury for issuance of a permit for the sale of 3.2 beverages (beer). The request was denied based on ordinances prohibiting the sale of alcohol in all the wards of West Carroll Parish. The ordinances were passed after an election held pursuant to the local option laws as they existed in 1976. The election was ordered July 9, 1976 and was held August 28, 1976. The ordinance effectuating the election was passed October 9, 1976.

Johnston, supra, is applicable to all local option elections held under the provisions of La.R.S. 26:586.1 prior to the repeal of La.R.S. 26:588 by Acts 1980 Number 633, § 1. Johnston therefore is indistinguishable from this case. We are in accord with the well-reasoned Johnston opinion and see no reason to repeat it here.

The judgment is affirmed at appellant’s cost.

Cite This Page — Counsel Stack

Bluebook (online)

457 So. 2d 180, 1984 La. App. LEXIS 9559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheelington-v-west-carroll-parish-police-jury-lactapp-1984.

Opinion

Related

Cite This Page — Counsel Stack