Schwegmann Giant Super Markets v. Louisiana Dairy Stabilization Board

I agree with the result reached but only to the extent that the plaintiffs are not required to pay the assessment.

There is no need to determine the constitutionality of La.R.S. 40:931.13 D and the companion amendment to Rule 12.9 of the Dairy Stabilization Board. Courts always avoid determining the constitutionality of a statute or rule when the dispute can be otherwise resolved.

La.R.S. 40:931.13 provides:

“A. In order to obtain funds for the administration and enforcement. of the regulations and production stabilization plans issued by him pursuant to this Sub-part and for the administration…