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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 27 FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 12th day of April, 2005 , are as follows:

BY TRAYLOR, J. :

2004-C -1833

SABINE PARISH POLICE JURY v. COMMISSIONER OF ALCOHOL & TOBACCO CONTROL C/W SABINE MANUFACTURING, INC. v. SABINE PARISH POLICE JURY & SHERIFF GUFFEY PATTISON (Parish of Sabine) Based on the foregoing, we find that the provisions of La. R.S. 26:583 dictate that a ward, or a portion thereof, must take on the local option sales characteristics of the election district which it comprises after parish restructuring. The judgment of the court of appeal, which affirmed the decision of the trial court in favor of the Commissioner and Sabine Manufacturing, is affirmed. AFFIRMED. VICTORY, J., dissents for the reasons assigned by Justice Weimer. KNOLL, J., dissents and assigns reasons. WEIMER, J., dissents and assigns reasons.

04/12/2005 SUPREME COURT OF LOUISIANA No. 2004-C-1833 SABINE PARISH POLICE JURY v. COMMISSIONER OF ALCOHOL & TOBACCO CONTROL c/w SABINE MANUFACTURING, INC. v. SABINE PARISH POLICE JURY & SHERIFF GUFFEY PATTISON On Writ of Certiorari to the Court of Appeal, Third Circuit, Parish of Sabine

TRAYLOR, Justice. We are asked to determine the effect on a local option election previously held by a ward in Sabine Parish after the parish has restructured itself on an election district basis. In this case, a portion of the ward, which previously voted to prohibit the sale of alcoholic beverages, has become a part of an election district which has never voted to prevent the sale of alcoholic beverages. Finding that the provisions of La. R.S. 26:583 dictate that the portion of the ward included in the election district must take on the sales characteristics of the election district, we affirm the decision of the court of appeal. FACTS The pertinent facts of this matter are stipulated by the parties. Pursuant to a local option election held in Ward 3 of Sabine Parish and subsequent ordinance by the Sabine Parish Police Jury ("Police Jury") on March 16, 1977, Ward 3 was voted

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"dry"1 by local option election.2 Subsequently thereto, Sabine Parish restructured itself from a system in which its governing authority was elected by wards into a system where the police jurors are elected by election districts. Election District 6 in Sabine Parish is comprised of a portion of Ward 3 and a portion of Ward 5. Ward 5 previously held a local option election and voted itself "wet." There has never been a local option election in Election District 6. In 2003, Sabine Manufacturing, Inc. ("Sabine Manufacturing") sought to obtain state and local permits from the Commissioner of Alcohol and Tobacco Control, Department of Revenue, State of Louisiana ("Commissioner") and the Police Jury on behalf of two of its businesses, Toledo Town and Tackle and Mr. C's Caf

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