Legal Opinion

McDonald's Corp. v. Glennon

Louisiana Court of Appeal

Decided February 14, 1978No. 8730PublishedCited by 4 opinions

1Opinion of the Court

BOUTALL, Judge.

McDonald’s Corporation filed a petition for declaratory judgment to determine whether it comes within the provisions of the Louisiana Chain Store Tax, LSA-R.S. 47:10, Act 706 of 1974. Plaintiff appeals from a judgment declaring that the tax does apply to it.

The issue raised on this appeal is solely upon a legal interpretation of the statute. Plaintiff contends that it is a “restaurant” and that the statute does not apply to restaurants. There are no stipulated facts, nor any evidence adduced as to show what the operation of this plaintiff consists of and whether it in fact…

2Cases cited5 opinions

  1. Gremillion v. Louisiana Public Service CommissionSupreme Court of Louisiana · 1937
  2. Richards v. Washington Fire & Marine Ins.Michigan Supreme Court · 1886
  3. Lee v. the Cloverleaf, Inc.Supreme Court of Florida · 1937
  4. Sherrouse Realty Co. v. MarineLouisiana Court of Appeal · 1950
  5. State Tax Commission v. Gay-Teague Realty Co.Supreme Court of Alabama · 1938

3Cited by4 opinions

  1. McDonald's Corp. v. GlennonSupreme Court of Louisiana · 1978
  2. Prince & Princess Enterprises, LLC v. State Ex Rel. Arizona Department of Health ServicesCourt of Appeals of Arizona · 2009
  3. Prince & Princess Enterprises, LLC v. State Ex Rel. Arizona Department of Health ServicesCourt of Appeals of Arizona · 2009
  4. Toyota Motor Credit Corporation v. Kimberly Robinson, Secretary, Department of Revenue, State of LouisianaLouisiana Court of Appeal · 2022

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