City of New Orleans v. Treen

4 Citing cases

  1. Bergeron v. Richardson

    320 So. 3d 1109 (La. 2021)   Cited 17 times

    See A.N. Yiannopoulos, Louisiana Civil Law System § 35, p. 53 (1977). Consequently, Louisiana courts have frequently noted that our civilian tradition does not recognize the doctrine of stare decisis in our state. SeeArdoin v. Hartford Acc't & Indem. Co., 360 So.2d 1331, 1334 (La. 1978) ; Gulf Oil Corp. v. State Mineral Bd., 317 So.2d 576, 591 (La. 1975) ; Carter v. Moore, 258 La. 921, 959, 248 So.2d 813, 829 (1971) ; Johnson v. St. Paul Mercury Ins. Co., 256 La. 289, 296, 236 So.2d 216, 218 (1970), overruled on other grounds,Jagers v. Royal Indem. Co., 276 So.2d 309, 312 (La. 1973) ; City of New Orleans v. Treen, 421 So.2d 282, 285 (La.App. 4th Cir. 1982) ; State v. Placid Oil Co., 274 So.2d 402, 414 (La.App. 1st Cir. 1972).Instead, a long line of cases following the same reasoning within this state forms jurisprudence constante.

  2. Doerr v. Mobil Oil Corp.

    774 So. 2d 119 (La. 2000)   Cited 297 times   3 Legal Analyses
    Holding that he insurer to each of the causes of action stated

    Consequently, Louisiana courts have frequently noted that our civilian tradition does not recognize the doctrine of stare decisis in our state. See Ardoin v. Hartford Acc't Indem. Co., 360 So.2d 1331, 1334 (La. 1978); Gulf Oil Corp. v. State Mineral Bd., 317 So.2d 576, 591 (La. 1975); Carter v. Moore, 258 La. 921, 959, 248 So.2d 813, 829 (1971); Johnson v. St. Paul Mercury Ins. Co., 256 La. 289, 296, 236 So.2d 216, 218 (1970), overruled on other grounds, Jagers v. Royal Indem. Co., 276 So.2d 309, 312 (La. 1973); City of New Orleans v. Treen, 421 So.2d 282, 285 (La.App. 4th Cir. 1982); State v. Placid Oil Co., 274 So.2d 402, 414 (La.App. 1st Cir. 1972). Instead, a long line of cases following the same reasoning within this state forms jurisprudence constante.

  3. City of New Orleans v. State

    443 So. 2d 562 (La. 1984)   Cited 14 times
    In City of New Orleans v. State, 443 So.2d 562 (La. 1983) the Supreme Court was faced with a contest between the City of New Orleans and the State over control of Audubon Park and gave an extensive history of the Park. Based upon this history, it was concluded the City, and not the State, owned the property as well as the improvements.

    333 So.2d 240 (La., 1976). City of New Orleans v. Treen, 421 So.2d 282 (La.App. 4 Cir. 1982) also relied on City of New Orleans v. Board of Commissioners, supra, to hold that the state of Louisiana is the record owner of the property known as Audubon Park. The issue was pretermitted on appeal because the case was reversed on other grounds.

  4. City of New Orleans v. Treen

    431 So. 2d 390 (La. 1983)   Cited 9 times
    In Treen, this Court concluded that an act which, among other things, required the City of New Orleans to provide funding for the Audubon Park Commission, constituted "a local or special law" and was invalid for failure to comply with the publication requirement of La. Const. art. III, § 13.

    Friends of the Zoo, intervenors on the side of defendants, separately appealed assigning as error only that portion of the judgment holding § 1766(A) of Section 2 unconstitutional. The court of appeal affirmed the judgment of the district court insofar as it held that Act 352 was not a local or special law and that Audubon Park was owned by the state and as such the state had the right to administer it. 421 So.2d 282. The court did find that two tracts of land included in the park were owned by the city.