Opinion

State v. Cenac

  • 241 La. 1055
  • 132 So. 2d 928
  • 1961 La. LEXIS 608
Court
Supreme Court of Louisiana
Filed
Nov 17, 1961
Status
Published
Author
Sanders
On the bench
Application, Assigns, Fournet, Granted, Hamiter, Hamlin, Hawthorne, McCaleb, Net, Reasons, Sanders, Should, State, Summers, That
Cited by
11 cases
Authority
More cited than 20.3%

The opinion

SANDERS, Justice

(dissenting).

Under present procedure, the granting of a writ from the judgment of the Court of Appeal is the only way that the instant case . can reach this Court for full appellate presentation, including oral argument.

Since the decision in California Co. v. Price, et al., 225 La. 706 , 74 So.2d 1 , the legislature has spoken through Act 727 of 1954 (LSA-R.S. 9:1107-1109). This Act is clothed with a presumption of constitutionality. Despite this the Court of Appeal made no reference to it in the decision herein. The Supreme Court has not heretofore considered it nor passed upon its validity.

This case is of overwhelming importance to the people of the State of Louisiana. It adversely affects the public fisc, in which every taxpayer has a pecuniary interest. It may well reduce the state’s revenues from water bottoms by millions of dollars.

For these reasons, I favor a full appellate review in this Court. Accordingly, I am of the opinion that the writ should be granted.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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