This text of Louisiana § 38:3081 (Court review and injunctive relief) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§3081. Court review and injunctive relief
A. Any aggrieved person of the district may, within thirty days after the adoption of
any rule, regulation, order or taking of other action by the district, file suit in the district court
in which the district is domiciled, to contest the said rule, regulation, order, or other action
taken. The court may affirm the decision of the district or remand the case for further
proceedings. The court may reverse or modify the decision if substantial rights of the
appellant have been prejudiced because the administrative findings, inferences, conclusions,
or decisions are any of the following:
(1)In violation of constitutional or statutory provisions.
(2)In excess of the statutory authority of the district.
(3)Made upon lawful procedure.
Free access — add to your briefcase to read the full text and ask questions with AI
§3081. Court review and injunctive relief
A. Any aggrieved person of the district may, within thirty days after the adoption of
any rule, regulation, order or taking of other action by the district, file suit in the district court
in which the district is domiciled, to contest the said rule, regulation, order, or other action
taken. The court may affirm the decision of the district or remand the case for further
proceedings. The court may reverse or modify the decision if substantial rights of the
appellant have been prejudiced because the administrative findings, inferences, conclusions,
or decisions are any of the following:
(1) In violation of constitutional or statutory provisions.
(2) In excess of the statutory authority of the district.
(3) Made upon lawful procedure.
(4) Affected by other error of law.
(5) Arbitrary or capricious or characterized by abuse of discretion or clearly
unwarranted exercise of discretion.
(6) Manifestly erroneous in view of the reliable, probative, and substantial evidence
on the whole record. In the application of the rule, where the district has the opportunity to
judge of the credibility of witnesses by firsthand observation of demeanor on the witness
stand and the reviewing court does not, due regard shall be given to the district's
determination of credibility issues.
B. On institution of any such suit, the court shall issue an order setting the matter for
trial, as by summary process, and such suit shall be tried in term time, or in vacation, with
the greatest possible dispatch. Pending a hearing, the court may grant a temporary restraining
order suspending the action of the district upon a showing of immediate and irreparable
injury in accordance with the provisions of Code of Civil Procedure Article 3603.