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IN RE: DECLARATORY JUDGMENT  FIFTH CIRCUIT  
FOR THE CITY OF HARAHAN  
COURT OF APPEAL  

STATE OF LOUISIANA
NO. Ol-CA-928
ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT
COURT
PARISH OF JEFFERSON, STATE OF LOUISIANA
NO. 560-148, DIVISION "J"
HONORABLE STEPHEN J. WINDHORST, JUDGE

JANUARY 15, 2002
JAMES L. CANNELLA
JUDGE

Panel composed of Judges Edward A. Dufresne, Jr., Sol Gothard and James L. Cannella
PROVINO MOSCA
MAYOR, CITY OF HARAHAN 6437 Jefferson Highway Harahan, Louisiana 70123 APPELLANT/PETITIONER IN PROPER PERSON
COURCELLE & BURKHALTER, L.L.C.
DAVID I. COURCELLE 2800 Hessmer Avenue, Suite C Metairie, Louisiana 70002 ATTORNEY FOR APPELLEE THE CITY OF HARAHAN
EXCEPTION OF PRESCRIPTION GRANTED; CASE DISMISSED.
The mayor of Harahan, Provino Mosca (Mosca), appeals from a declaratory judgment finding valid the 1993 election which limited terms for elected officials. We affirm.
The City of Harahan (the City) is a Lawrason Act municipality and operates pursuant to a mayor-board of alderman form of government.
On June 2, 1993, the Louisiana legislature adopted La. R.S. 33:383.1 stating that "[T]he board of aldermen of the city of Harahan may enact an ordinance limiting the number of terms of office which any elected official of the municipality may serve to two consecutive terms in the same office." The statute was published in the official journal on June 28, 1993 and became effective on August 15, 1993.
On August 10, 1993, the City adopted Ordinance 1046, which provided that elected officials would be limited to two four-year consecutive terms and that the limitation would become effective only after the proposal was submitted
1
La. R.S. 33:321, et seq.
to a vote and approved by a majority of the qualified electors of the City. The
ordinance states that its effective date shall be the day after the time period in which to contest the results of said election had expired. The election was called by the Commissioner of Elections for the State of Louisiana and held on October
16, 1993. The proposal for the term limits was passed by a majority of the voters. The results were certified on October 19, 1993. The ordinance became effective on November 20, 1993, one day after the 30-day time period of La.
R.S. 18:1405D, within which to contest the election.
On November 6, 2000, the Mayor filed a petition for Declaratory Judgment to determine whether the ordinance limiting the terms of elected officials of the City is "constitutionally valid despite the fact that it was enacted before the State legislation conferring such authority." The Mayor attached a copy of an opinion by the Attorney General for the State of Louisiana, No. 00

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Louisiana Law