Legal Opinion · Concurring in part, dissenting in part
Board of Directors of the Louisiana Recovery District v. All Taxpayers, Property Owners, & Citizens of the Louisiana Recovery District
Louisiana Court of Appeal
Decided June 15, 1988No. CA 88 0962Published
1Concurring in part, dissenting in partCarter, Judge
I agree that defendant failed to establish by legal evidence that she had a right of action or interest (legal standing) in this law suit. However, I do not agree that Ms. Madden should be dismissed from this proceeding without first being given the opportunity ON REMAND to introduce evidence to establish the sufficient interest criteria. This course of action is clearly authorized in Smith v. Parish of East Baton Rouge, 509 So.2d 24 (La.App. 1st Cir. 1987), writ granted, 510 So.2d 1 (La.1987), wherein the Louisiana Supreme Court ordered a remand under similar circumstances.
In Smith v. Parish…
2Cases cited8 opinions
- Terrebonne Parish Police Jury v. MatherneSupreme Court of Louisiana · 1981
- Carso v. Board of Liquidation of State DebtSupreme Court of Louisiana · 1944
- Bruneau v. EdwardsLouisiana Court of Appeal · 1987
- Producing Man. Co., Inc. v. Broadway Theater LeagueLouisiana Court of Appeal · 1974
- Smith v. East Baton Rouge ParishLouisiana Court of Appeal · 1987
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