2003-CA-0075 Precedential Processed

Cc Towing & Rec. Inc. v. State Dept. of Public Safety & Corr.

Louisiana Supreme Court · Filed March 21, 2003 · 842 So. 2d 321

Cited by

State of Louisiana v. Tatianna Jenell Burns La. Ct. App. 2d Cir. 2025
State of Louisiana v. Jamal Scott James La. Ct. App. 3d Cir. 2020
State of Louisiana v. El Jerico Jermiah Bartie A/K/A El Jerico Bartie La. Ct. App. 3d Cir. 2020
State of Louisiana v. Victor Wayne Loyd La. Ct. App. 3d Cir. 2019
State v. Loyd 274 So. 3d 112 La. Ct. App. 1st Cir. 2019
State v. White 269 So. 3d 1182 La. Ct. App. 2d Cir. 2019
State of Louisiana v. Bishop Slade Dubroc La. Ct. App. 3d Cir. 2018
State of Louisiana v. Bishop Slade Dubroc La. Ct. App. 3d Cir. 2018
State v. Dubroc 261 So. 3d 813 La. Ct. App. 1st Cir. 2018
State v. Dubroc 261 So. 3d 832 La. Ct. App. 1st Cir. 2018
State v. Brignac 241 So. 3d 528 La. Ct. App. 1st Cir. 2018
State v. Mahogany 225 So. 3d 489 La. Ct. App. 1st Cir. 2017

all 62 citing documents »

Authorities cited

Identified automatically; this list may not be exhaustive.

City of Baton Rouge v. Goings 684 So. 2d 396

Opinion text

842 So.2d 321 (2003) CAPITOL CITY TOWING & RECOVERY, INC.; Blackjack Towing, Inc.; Tow Power, Inc.; and Yvonne Reed v. STATE of Louisiana, through the DEPARTMENT OF PUBLIC SAFETY & CORRECTIONS, Office of State PoliceTowing & Recovery Unit; Office of State PoliceTroop A; and Sgt. R. Wayne Ryland. No. 2003-CA-0075. Supreme Court of Louisiana. March 21, 2003. PER CURIAM. This matter involves a direct appeal to this court under La.Const.art. V, § 5(D) from a judgment of the district court declaring certain statutes and administrative rules and regulations are unconstitutional. Our review of the record indicates the district court's holding is clearly rooted in the premise that the statutes and administrative rules and regulations are preempted by federal law. The issue of federal preemption is a matter of statutory construction, i.e., a determination of whether the statutes and administrative rules and regulations conflict with a federal statute. No constitutional issues are involved in this determination. City of Baton Rouge v. Goings, 95-2542 (La.12/13/96), 684 So.2d 396 . Accordingly, we have no jurisdiction over this direct appeal under La.Const.art. V, § 5(D). The case is transferred to the court of appeal for consideration on the merits.