State, Department of Transportation & Development v. Wahlder

I concur in the result reached on rehearing.

I dissent to protest the Supreme Court ordering us to consider an ordinance, not introduced into evidence or judicially noticed at the time of trial, and, therefore, not in the appellate record. In my opinion such an order compels the appellate court to act in violation of La. Const. Art. 5, § 10 (1974), which mandates that the scope of appellate review is limited to facts in the record. Under La.C.C.P. Art. 2164, an appellate court can only render any judgment on appeal which is just, legal, and proper upon the record on appeal.

On proper motion an…