Opinion
Nos. 51414, 51431.
May 25, 1971. Rehearing Denied June 11, 1971.
Appeal from Nineteenth Judicial District Court, Parish of East Baton Rouge; Elven E. Ponder, Judge.
Richard C. Cadwallader, Jonathan C. Harris, Curtis K. Stafford, Jr., Baton Rouge, for plaintiffs-appellees-appellants-respondents.
Bernstein Bach, Joseph Bernstein, New Orleans, for intervenor.
Benton Moseley, Fred G. Benton, Sr., Fred G. Benton, Jr., Baton Rouge, for amicus curiae.
Lemle, Kelleher, Kohlmeyer, Matthews Schumacher, Harry B. Kelleher, New Orleans, Durrett, Hardin, Hunter, Dameron Fritchie, Calvin E. Hardin, Jr., Baton Rouge, Foley, Judell, Beck, Morel Bewley, Harold B. Judell, Calogero Kronlage, Pascal F. Calogero, Jr., New Orleans, Melvin Beller, Asst. Atty. Gen., for defendants.
This is a suit for declaratory judgment. The plaintiffs bring it as citizens, taxpayers, and legislators of Louisiana. By it, they also seek judicial review of a refusal of the defendant Louisiana State Board Commission to consider and review the issuance of a $113 million bond issue by the Louisiana Stadium and Exposition District.
The trial court judgment ordered that the bonds must be sold by the defendant Commission pursuant to La.R.S. 39:1403. The present proceedings were consolidated with two companion suits: Abbott v. Parker, 259 La. 279, 249 So.2d 908 (rendered this same date); and Branton v. State Bond and Tax Board, 259 La. 313, 249 So.2d 920 (rendered this same date). The issues of this case and of the companion suits are discussed and decided in the Abbott decision.
For the reasons there assigned, we conclude that the defendant Commission correctly determined that La.R.S. 39:1401-06 is not applicable to bond issues of the Louisiana Stadium and Exposition District.
Decree:
We therefore reverse the judgment of the trial court and dismiss this suit. The plaintiffs-respondents are to pay the costs of these proceedings.
Reversed and rendered.