Legal Opinion · Dissent

City of New Orleans v. Louisiana Society for Prevention of Cruelty to Animals

Supreme Court of Louisiana

Decided January 16, 1956No. 42332Published

1DissentMcCALEB, Justice

I, of course, agree with the fundamental principle stated in the majority opinion that a municipality has only such powers as delegated to it by the Legislature; that it has no right to alienate its property destined to public use, such as streets, sidewalks and the like, in the absence of special authority conferred upon it by the law and that a grant of general corporate power to purchase, hold, lease, transfer and convey real and personal property will not suffice. See annotation 141 A.L.R. 1447-1462.

However, it is my opinion that the provisions of Section 8(1) of the old City Charter of…

2Cases cited4 opinions

  1. State Ex Rel. Porterie v. Housing Authority of New OrleansSupreme Court of Louisiana · 1938
  2. State ex rel. Ruddock Orleans Cypress Co. v. KnopSupreme Court of Louisiana · 1920
  3. Blocker v. City of New OrleansLouisiana Court of Appeal · 1951
  4. Schernbeck v. City of New OrleansSupreme Court of Louisiana · 1923

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