Legal Opinion

Rogoz v. Tangipahoa Parish Council

Supreme Court of Louisiana

Decided January 30, 2009No. 2008-CA-2789PublishedCited by 5 opinions

1Per curiam

| defendant, the Tangipahoa Parish Council, invokes the appellate jurisdiction of this court pursuant to La. Const, art. V, § 5(D), on the ground that the district court declared Chapter 5, Seetion5-38(b) and (c) of Tangipahoa Parish Ordinance Number 07-39 to be unconstitutional. For the reasons that follow, we conclude the issue of constitutionality was not properly raised in the district court. Accordingly, we vacate the judgment of the district court and remand the case for further proceedings.

UNDERLYING FACTS AND PROCEDURAL HISTORY

Plaintiff, David Paul Rogoz, owns immovable property…

2Cases cited9 opinions

  1. Cat's Meow, Inc. v. City of New Orleans Through Department of FinanceSupreme Court of Louisiana · 1998
  2. Vallo v. Gayle Oil Co., Inc.Supreme Court of Louisiana · 1994
  3. Bd. of Com'rs of Orleans Levee Dist. v. Dept. of Natural ResourcesSupreme Court of Louisiana · 1986
  4. Moore v. RoemerSupreme Court of Louisiana · 1990
  5. Bd. of Dir. of La. Recovery Dist. v. All Taxpayers, Property Owners, and Citizens of StateSupreme Court of Louisiana · 1988

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3Cited by5 opinions

  1. Olde Nawlins Cookery, L.L.C. v. EdwardsLouisiana Court of Appeal · 2010
  2. Shields v. Parish of JeffersonLouisiana Court of Appeal · 2013
  3. Marcile v. DauzatSupreme Court of Louisiana · 2011
  4. Deer Enterprises, LLC v. Parish Council of Washington ParishSupreme Court of Louisiana · 2011
  5. Deer Enterprises, LLC v. Parish Council of Washington ParishSupreme Court of Louisiana · 2011

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