Pecot v. Police Jury
Supreme Court of Louisiana
APPEAL from the Nineteenth District Court, Parish of St. Mary. Allen, J. 1. Where a statute provides that the police jury of a parish shall lay out and opon a public road, and proscribes no time within which the said road shall be laid out, and leaves it entirely to the police jury to provide ways and means for defraying the expense of the work, it simply confers a discretionary power, and does not impose a ministerial duty. 2. Whenever a discretionary power is confided to a…
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APPEAL from the Nineteenth District Court, Parish of St. Mary. Allen, J. 1. Where a statute provides that the police jury of a parish shall lay out and opon a public road, and proscribes no time within which the said road shall be laid out, and leaves it entirely to the police jury to provide ways and means for defraying the expense of the work, it simply confers a discretionary power, and does not impose a ministerial duty. 2. Whenever a discretionary power is confided to a political or a public corporation, the courts of the State cannot compel the corporation to use this power. The courts…
1Opinion of the Court
Tlie opinion of the Court was delivered by
Watkins, J.
The plaintiffs alleging themselves to be residents and landed proprietors, living in the first ward of the Parish of St. Mary, bring suit against the police jury of the parish, to compel it to make and open a piiblic road on the east side of the Teche, from Cliarenton to the upper limits of the parish, 4Q feet in width, and according to the provisions of Act No. 103 of the Acts of the Legislature of 1873, and Sections 3368-9-70-71 and 72 R. S., so far as applicable.
It is alleged that the road asked for is of great public necessit}', is…
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- Buckeye Churn Co. v. Abbott.Ohio Supreme Court · 1926
- Peck v. TugwellSupreme Court of Louisiana · 1941
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