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.
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.
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.
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.