Legal Opinion

Town of Sterlington v. Greater Ouachita Water Co.

Louisiana Court of Appeal

Decided April 10, 2019No. 52,482-CAPublished

1Opinion of the CourtMcCALLUM, J.

This appeal calls for us to consider two similar yet contrasting issues. First, the trial court has granted a preliminary injunction against a public subdivision. In essence, the trial court has exercised a unique power wherein it ordered and prevented another government entity from taking certain actions. Second, is a complex issue involving the fundamental division of governmental power. Essentially, we are tasked with deciding whether the trial court overstepped its constitutional authority when it granted a writ of mandamus, an extraordinary remedy, ordering a political subdivision to pay…

2Cases cited12 opinions

  1. Smith v. West Virginia Oil & Gas Co.Supreme Court of Louisiana · 1979
  2. Hoag v. StateSupreme Court of Louisiana · 2004
  3. STATE, DEPT. OF TRANSPORTATION & DEV. v. Sugarland Ventures, Inc.Louisiana Court of Appeal · 1985
  4. Denta-Max v. Maxicare Louisiana, Inc.Louisiana Court of Appeal · 1996
  5. Newman Marchive Partnership, Inc. v. City of ShreveportSupreme Court of Louisiana · 2008

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