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