Moretco, Inc. v. Plaquemines Parish Council
Louisiana Court of Appeal
1DissentBonin, J.
hi respectfully dissent.
A
The moratorium in this case is arbitrariness masquerading as regulation. Our Constitution protects the right of every person, even a Nevada corporation like Moreteo, “to acquire, own, control, use, enjoy, protect, and dispose of private property.” La. Const. Art. I, § 4(A). While this light like the others is not in every respect absolute, it is only “subject to reasonable statutory restrictions and the reasonable exercise of police power.” Id. (emphasis added) And because this moratorium as written is not a reasonable exercise of the police power, it…
2Cases cited7 opinions
- Palermo Land Co. v. Planning Com'n of Calcasieu ParishSupreme Court of Louisiana · 1990
- Jurisich v. JenkinsSupreme Court of Louisiana · 1999
- Morton v. Jefferson Parish CouncilSupreme Court of Louisiana · 1982
- McCauley v. Albert E. Briede & SonSupreme Court of Louisiana · 1956
- Summerell v. PhillipsSupreme Court of Louisiana · 1973
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