Legal Opinion · Dissent

Kinchen v. Livingston Parish Council

Louisiana Court of Appeal

Decided February 9, 2007No. 2006 CA 0301Published

1DissentWelch, J.

_JjI respectfully disagree with the majority opinion in this case. I believe that the trial court incorrectly determined that La. R.S. 47:2110 was applicable to the plaintiffs action to challenge the validity of the document transaction tax. The legislature intended La. R.S. 47:2110 to govern only those actions concerning ad valorem taxes. The tax at issue in this case is not an ad valorem tax; it is a document transaction tax or immovable property transaction tax.

Louisiana Revised Statutes 47:2110 is entitled “Suits to recover taxes paid under protest,”1 and it is located in Part II (Pay*902ment…

2Cases cited5 opinions

  1. In Matter of American Waste and Pollution Control Co.Supreme Court of Louisiana · 1994
  2. Boutte v. Jefferson Parish Hosp. Serv.Supreme Court of Louisiana · 2000
  3. Allied Chemical v. Iberville Parish PoliceSupreme Court of Louisiana · 1983
  4. Comm-Care Corp. v. Louisiana Tax Com'nLouisiana Court of Appeal · 1996
  5. Comm-Care Corp. v. BishopSupreme Court of Louisiana · 1998

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