Legal Opinion · Dissent

COSSICH v. Plaquemines Parish Government

Louisiana Court of Appeal

Decided October 8, 2010No. 2009-CA-1522Published

1DissentLove, J.

|,I respectfully dissent from the majority’s decision to reverse and remand the trial court’s denial of the writ of mandamus.

A writ of mandamus

is an extraordinary remedy which is used sparingly by the courts to compel something that is clearly provided by law, and only where it is the sole available remedy or where the delay occasioned by the use of any other remedy would cause injustice; it does not issue in doubtful cases, nor where there is any element of discretion left to the public officer.

Schoeffler v. Drake Hunting Club, 05-499, p. 19 (La.App. 3 Cir. 1/4/06), 919 So.2d 822, 835. A…

2Cases cited6 opinions

  1. State Ex Rel. Hutton v. City of Baton RougeSupreme Court of Louisiana · 1950
  2. Schoeffler v. Drake Hunting ClubLouisiana Court of Appeal · 2006
  3. Hebert v. Abbey Healthcare Group, Inc.Louisiana Court of Appeal · 1995
  4. Simon v. Lafayette Parish School Bd.Louisiana Court of Appeal · 1994
  5. Tudela v. BroussardLouisiana Court of Appeal · 1991

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