# State v. Cenac

> Supreme Court of Louisiana · November 17, 1961 · 241 La. 1055

URL: https://www.frixlaw.com/law-library/cases/7175462

## Case

- **Full name:** STATE of Louisiana v. Dennis CENAC In re State of Louisiana applying for certiorari or writ of review to the Court of Appeal, First Circuit, Parish of Terrebonne
- **Court:** Supreme Court of Louisiana
- **Decided:** November 17, 1961
- **Citations:** 241 La. 1055; 132 So. 2d 928; 1961 La. LEXIS 608
- **Precedential status:** Published
- **Opinion:** Dissent by Sanders
- **Judges:** Application, Assigns, Fournet, Granted, Hamiter, Hamlin, Hawthorne, McCaleb, Net, Reasons, Sanders, Should, State, Summers, That
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7175462

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7175462. Public record. Not legal advice.