Cited by
Opinions in Louisiana that cite Tugwell v. Members of the Board of Highways, 83 So. 2d 893.
- Acadiana Renal Physicians, Amc v. Precious Hodges La. Ct. App. 3d Cir. 2025
- Gerald Bordelon v. Fulcrum Insurance Company La. Ct. App. 3d Cir. 2005
- Bordelon v. Fulcrum Insurance Co. 903 So. 2d 1202 La. Ct. App. 1st Cir. 2005
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Prator v. Caddo Parish
888 So. 2d 812
La. 2004
417 , (1964); , (1955)(on rehearing).
- Prator v. Caddo Parish 865 So. 2d 932 La. Ct. App. 2d Cir. 2004
- Norfolk Southern Corp. v. Calif. Union Ins. 859 So. 2d 167 La. Ct. App. 1st Cir. 2003
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Edgar Benjamin Fontaine Testamentary Trust v. Jackson Brewery Marketplace
847 So. 2d 674
La. Ct. App. 1st Cir. 2003
Additionally, in American Waste & Pollution Control, the Louisiana State Supreme Court, , (1955), stated that “a declaratory action cannot generally be maintained unless it involves some specific adversary question or controversy ...
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Jordan v. Louisiana Gaming Control Bd.
712 So. 2d 74
La. 1998
(1955)(on rehearing)("[A] declaratory judgment action generally cannot be maintained unless it involves some specific adversary question or controversy asserted by interested parties and based on an existing state of facts, and a declaration of rights must be refused if the issue presented to the c
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Perschall v. State
697 So. 2d 240
La. 1997
(1955) (on rehearing), in which Justice Hawthorne aptly summarized the rationale behind this court's hesitancy to rule in the absence of a justiciable controversy: [t]he question presented for judicial decision must be real and not theoretical, as courts do not give advisory opinions upon abstract quest
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American Waste v. St. Martin Parish
627 So. 2d 158
La. 1993
of Hwys., , (1955), on rehr'g; 33 La.L.Rev.
- Hainkel v. Henry 313 So. 2d 577 La. 1975
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Holmes v. Holmes
270 So. 2d 578
La. Ct. App. 1st Cir. 1972
(1955), that: “In order for courts to entertain an action for declaratory relief, however, it is well settled in other jurisdictions that there must be a justiciable controversy, and the question presented for judicial decision must be real and not theoretical, as courts do not give advisory opinions up
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Fields v. Transtates Petroleum, Inc.
246 So. 2d 887
La. Ct. App. 1st Cir. 1971
(1955); Stoddard v. City of New Orleans, 246 La.
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Villa Del Rey Citizens Ass'n v. City of Baton Rouge
233 So. 2d 566
La. Ct. App. 1st Cir. 1970
951 , ]; Tugwell v. Members of Board of Highways, 1955, , .” (Emphasis ours) We have reviewed the Rogers case and the authorities cited therein with particular reference to the import of such language as emphasized above.
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Petition of Sewerage and Water Bd. of New Orleans
177 So. 2d 276
La. 1965
(1955); State v. Board of Supervisors, 228 La.
- Stoddard v. City of New Orleans 165 So. 2d 9 La. 1964
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Baddock v. Louisiana State Department of Highways
142 So. 2d 448
La. Ct. App. 1st Cir. 1962
* * * ” , , at page 899, on rehearing, the Court stated: “In 1934 the Federal government enacted the Federal Declaratory Judg *453 ments Act, 28 U.S.C.A.
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Poynter v. Fidelity & Casualty Company of New York
140 So. 2d 42
La. Ct. App. 3d Cir. 1962
the Supreme Court of this State said: "Therefore a declaratory action generally cannot be maintained unless it involves some specific adversary question or controversy asserted by interested parties and based on an existing state of facts, and a declaration of rights must be refused if the issue prese
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Guerriero v. City of Monroe
136 So. 2d 305
La. Ct. App. 1st Cir. 1961
We think it is now established by the jurisprudence of this State that our courts will not entertain an action for declaratory relief unless and until the question presented is real and not theoretical, the ground for this pronouncement being that courts are not required under the Declaratory Judgment Act to give advisory opinions upon abstract questions; , ; State v. Board of Supervisors, Louisiana State University, etc., 228 La.
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Leiter Minerals, Inc. v. California Co.
132 So. 2d 845
La. 1961
(on rehearing), and numerous authorities there cited.
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Rogers v. LOUISIANA STATE BOARD OF OPTOMETRY EXAM.
126 So. 2d 628
La. Ct. App. 3d Cir. 1961
Burton v. Lester, supra; State v. Board of Supervisors, supra; Tugwell v. Members of Board of Highways, 1955, , .
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McGuffy v. Weil
125 So. 2d 154
La. 1960
State v. Board of Supervisors, 228 La.
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Erath Sugar Co. v. Broussard
120 So. 2d 544
La. Ct. App. 1st Cir. 1960
It has been decided that the statute may not be invoked unless there is a justiciable controversy ( , and State v. Board of Supervisors, etc., 228 La.
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Orleans Parish School Board v. Campbell
126 So. 2d 82
La. Ct. App. 1st Cir. 1960
( , and State v. Board of Supervisors, etc., 228 La.
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Orleans Parish School Board v. City of New Orleans
116 So. 2d 509
La. 1959
It has been decided that the statute may not be invoked unless there is a justiciable controversy ( , and State v. Board of Supervisors, etc., 228 La.
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Superior Oil Co. v. Reily
100 So. 2d 888
La. 1958
678 , , and State v. Board of Supervisors of Louisiana State University, 228 La.
- Theodos v. Bossier City 95 So. 2d 825 La. 1957
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State v. BOARD OF SUPERVISORS, ETC.
84 So. 2d 597
La. 1955
In a very recent case on this subject, , , it was stated on rehearing: “In order for courts to entertain an action for declaratory relief, however, it is well settled in other jurisdictions that there must be a justiciable controversy, and the question presented for judicial decision must be real and not theoretical, as courts do not give advi