Legal Opinion · Concurrence

Deer Enterprises, LLC v. Parish Council of Washington Parish

Supreme Court of Louisiana

Decided January 19, 2011No. 2010-CA-0671Published

1ConcurrenceWeimer, J.

U concur in the result, believing it is unnecessary to decide the constitutional issues1 because this matter can be resolved statutorily based on the reasons cited in my dissent in Sabine Parish Police Jury v. Commissioner of Alcohol & Tobacco Control, 04-1833 (La.4/12/05), 898 *947So.2d 1244, 1259-60 (Weimer, J., dissenting).. "[C]ourts should refrain from reaching or determining the constitutionality of legislation unless, in the context of a particular case, the resolution of this is essential to the decision of the case or controversy.” Rogoz v. Tangipahoa Parish Council, 08-2789, p. 5…

2Cases cited3 opinions

  1. Cat's Meow, Inc. v. City of New Orleans Through Department of FinanceSupreme Court of Louisiana · 1998
  2. Sabine Police Jury v. Com'r of AlcoholSupreme Court of Louisiana · 2005
  3. Rogoz v. Tangipahoa Parish CouncilSupreme Court of Louisiana · 2009

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