Legal Opinion

Marcile v. Dauzat

Supreme Court of Louisiana

Decided March 4, 2011No. 2011-CA-0099PublishedCited by 1 opinion

1Opinion of the Court

PER CURIAM.*

| ,Neal Dauzat and the City of Marksville invoke the appellate jurisdiction of this court pursuant to La. Const, art. V, § 5(D), on the ground the district court declared La. R.S. 13:5105(D) to be unconstitutional.

Pretermitting the merits, we find the constitutionality of La. R.S. 13:5105(D) was not essential to the district court’s judgment. It is well settled that courts should refrain from reaching or determining the constitutionality of legislation unless, in the context of a particular case, resolution is essential to the decision of the case or controversy. Rogoz v.…

2Cases cited4 opinions

  1. Cat's Meow, Inc. v. City of New Orleans Through Department of FinanceSupreme Court of Louisiana · 1998
  2. Matherne v. Gray Ins. Co.Supreme Court of Louisiana · 1995
  3. Beauclaire v. GreenhouseSupreme Court of Louisiana · 2006
  4. Rogoz v. Tangipahoa Parish CouncilSupreme Court of Louisiana · 2009

3Cited by1 opinion

  1. Marcile v. DauzatSupreme Court of Louisiana · 2012

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