Legal Opinion

Calcasieu Parish School Board,sales & Tax Use Dept. v. Nelson Industrial Steam Co.

Louisiana Court of Appeal

Decided April 12, 2021No. CA-0019-0315Unknown

1Opinion of the Court

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT NUMBER 19-315 CALCASIEU PARISH SCHOOL BOARD SALES & USE DEPARTMENT, ET AL. VERSUS NELSON INDUSTRIAL STEAM COMPANY CONERY, J., concurs and assigns reasons. With regard to the legislature’s taxing authority, La.Const. art. 7, § 2 mandates that “[t]he levy of a new tax” or “an increase in an existing tax,” be enacted “by two-thirds of the elected members of each house of the legislature.” Act 3 was not, as the House of Representatives passed the measure by simple majority. It is clear that the amendment of La.R.S. 47:301(10)(c)(i)(aa)(III)(aaa)…

2Cases cited3 opinions

  1. Cynthia Bridges, Sec., Dept. of Rev., State of Louisiana v. Nelson Industrial Steam Co. C/W Nelson Industrial Steam Co. v. Calcasieu Parish School System Sales and Use Tax Dept. C/W Cynthia Bridges, Sec., Dept. of Rev., State of Louisiana v. Nelson Industrial Steam Co. C/W Nelson Industrial Steam Co. v. Calcasieu Parish School System Sales and Use Tax Dept.Supreme Court of Louisiana · 2016
  2. Dow Hydrocarbons & Resources v. KennedySupreme Court of Louisiana · 1997
  3. Palmer v. LOUISIANA FORESTRY COM'NSupreme Court of Louisiana · 1997

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