Opinion

Board of Trustees v. City of New Orleans

  • 819 So. 2d 290
  • 2002 La. LEXIS 1616
  • 2002 WL 1042095
Court
Supreme Court of Louisiana
Filed
May 24, 2002
Status
Published
Author
Calogero
On the bench
Calogero, Reasons, Subscribes, Weimer, Well
Cited by
8 cases
Authority
More cited than 0.8%

The opinion

| ¡CALOGERO, Chief Justice

concurring.

I agree with the Per Curiam in this matter. I write this concurrence to note an additional reason for recalling the writ of mandamus. The language of La. R.S. 11:2174 attempts to place an obligation on the “State tax collector for the City of New Orleans.” However, the “State tax collector for the City of New Orleans” was never a City official. Rather, he was an elected State official who, except for a short period of time in 1935, never collected municipal taxes nor had he the authority to do so. Further, this State office was abolished in 1975. If La. R.S. 11:2174 attempts to impose an obligation on a state official who is no longer in existence, then surely a question arises whether this statute sets forth a ministerial duty which is clear, which is one of the requirements for the issuance of a mandamus. See my concurrence in Louisiana Assessors’ Retirement Fund, et al v. City of New Orleans, et al, 01-C-0735 (La.2/26/02), 809 So.2d 955 .

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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