Land Development Co. v. Sewerage and Water Board

On Rehearing.

ODOM, J.

In our original opinion, we mentioned Act No. 270 of 1908 and quoted section 4 thereof. In his application for rehearing, counsel for plaintiff called our attention to the case of State v. Billhartz, 146 La. 855, 84 So. 120, 123, where it was held that said act was “incompetent legislation” and void. Our attention was not called to this case until the application for rehearing was made, and we overlooked it. We granted a rehearing, not because we concluded that our original decree, which affirmed the judgment of the lower court, was incorrect, but in order that we might…