Opinion

Jordan v. Louisiana Gaming Control Board

98 La.App. 1 Cir. 0802
712 So. 2d 959
1998 La. App. LEXIS 1133

Court: Louisiana Court of Appeal
Filed: Apr 22, 1998
Status: Published
Author: Jarro
On the bench: Carter, Chiasson, Fitzsimmons, Fogg, Foil, Gonzales, Hlottinger, Ifogg, Ikuhn, Jarro, Jifitzsimmons, Kuhn, Leblanc, Lottinger, Parro, Shortess, Whipple
Cited by: 2 cases

The opinion

[ JARRO, Judge,

concurring.

I concur in the result achieved in the majority opinion because it is my belief that LSA-R.S. 27:245 was not implicitly repealed, and therefore the Board had the authority to renegotiate the provisions of the existing casino operating contract. However, it is also my belief that LSA-R.S. 27:224(D) authorizes the governor or the legislature to set aside only the “existing” casino operating contract and not a “renegotiated” contract perfected by the Board pursuant to the authority of LSA-R.S. 27:245. Accordingly, if the existing contract were set aside by the governor or the legislature under the authority of LSA-R.S. 27:224(D) prior to the execution of the renegotiated contract by the Board, then it is my belief that the stage would be set for the negotiation of a “new” contract pursuant to the authority of LSA-R.S. 27:224(E).

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