Legal Opinion · Dissent

In re Toney

Louisiana Court of Appeal

Decided May 30, 2014No. 2012 CA 1887Published

1DissentMcDONALD, J.

11While I believe the majority’s analysis of the merits of this matter is correct, and I would normally agree with their decision to affirm the decision of the Board of Ethics, I respectfully dissent because I do not believe the matter is appealable. Therefore, I do not believe we have subject matter jurisdiction over the Board’s declaratory or advisory opinion and believe the appeal should be dismissed.

In 1997, the Louisiana Supreme Court issued its opinion in Transit Management of Southeast Louisiana, Inc. v. Commission on Ethics for Public Employees, 96-1982 (La.12/2/97), 703 So.2d 576,…

2Cases cited4 opinions

  1. Duplantis v. Louisiana Bd. of EthicsSupreme Court of Louisiana · 2001
  2. Steiner v. ReedLouisiana Court of Appeal · 2011
  3. Transit Management of Southeast Louisiana, Inc. v. COM'N ON ETHICSSupreme Court of Louisiana · 1997
  4. In re LorussoLouisiana Court of Appeal · 2011

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