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2010-CA-0671 DEER ENTERPRISES, LLC, A LOUISIANA LIABILITY COMPANY v. PARISH COUNCIL OF WASHINGTON PARISH
State: Louisiana
Court: Supreme Court
Docket No: 2010-CA-0671
Case Date: 01/01/2011
Preview:Supreme Court of Louisiana
FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #004

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 19th day of January, 2011, are as follows:

BY KIMBALL, C.J.:

2010-CA-0671

DEER ENTERPRISES, LLC, A LOUISIANA LIABILITY COMPANY v. PARISH COUNCIL OF WASHINGTON PARISH (Parish of Washington) Accordingly, plaintiff's constitutional challenge to the amendment fails. The judgment of the trial court is reversed. REVERSED. WEIMER, J., concurs and assigns reasons.

01/19/2011 SUPREME COURT OF LOUISIANA No. 2010-CA-0671 DEER ENTERPRISES, LLC, A LOUISIANA LIABILITY COMPANY VERSUS PARISH COUNCIL OF WASHINGTON PARISH ON APPEAL FROM THE TWENTY-SECOND JUDICIAL DISTRICT COURT, FOR THE PARISH OF WASHINGTON HONORABLE REGINALD T. BADEAUX, III, JUDGE KIMBALL, C.J. This case concerns a recent amendment to La. R.S. 26:583, which governs whether local-option elections for alcoholic-beverage sales remain effective after political subdivisions have been merged. In 2009, a dispute arose between

Washington Parish and the owner of a retail store, plaintiff Deer Enterprises, LLC, after the store owner was denied a permit to sell alcoholic beverages. Ultimately, the trial court judge in the Twenty-Second Judicial District declared La. R.S. 26:583(C)(2) to be a local or special law in violation of La. Const. Art. III,
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