Cited by

Opinions in Louisiana that cite Schwegmann Brothers Giant Super Mkts. v. McCrory, 112 So. 2d 606.

38 citing documents.

Rosehill Construction, LLC v. Ted Hebert, LLC La. Ct. App. 1st Cir. 2022
Westlawn Cemeteries, L.L.C. v. The Louisiana Cemetery Board La. 2022
3d at 455 ( (1959)).16 To establish that a statute, or as here, an administrative rule, is facially unconstitutional,17 the party challenging it “must establish that no set of circumstances exists under w hich [it] would be valid, that is, that the law is unconstitutional in all its applications.” LaPointe v. Vermil
Conrad Comeaux, In His Official Capacity As Assessor La. 2021
Mid-City Automotive, LLC v. Louisiana Department of Public Safety La. Ct. App. 1st Cir. 2020
2d 156, 161, - 88, 112 So.
Mid-City Automotive, L.L.C. v. Department of Public Safety and Corrections 267 So. 3d 165 La. Ct. App. 1st Cir. 2018
To determine whether a particular delegation of authority by the legislature is unconstitutional, we rely on the rule established by our supreme court in Schwegmann Bros. Giant Super Markets v. McCrory , , 787-88, , 613 (La.
In Re: Medical Review Panel Claim of Rose Tillman C/W in Re: The Medical Review Panel Claim of … La. 2016
However, this court has recognized that the legislative branch has the authority to delegate to administrative boards and agencies of the state the power to ascertain and determine the facts upon which the laws are to be applied and enforced.”); -88, (1959) (“It is now well settled that the Legislature may make the operation or application of a statute contingent upon the existence of certain conditions, and may delegate to some executive or administrative board the power to determine the existe
In Re: Medical Review Panel for the Claim of Peighton Miller v. Tulane Lakeside Hospital 187 So. 3d 445 La. 2016
However, this court has recognized that the legislative branch has the authority to delegate to administrative boards and agencies of the state the power to ascertain and determine the facts upon which the laws are to be applied and enforced.”); -88, (1959) (“It is now well settled that the Legislature may make the operation or application of a statute contingent upon the existence of certain conditions, and may delegate to some executive or administrative board the power to determine the existe
Krielow v. Louisiana Department of Agriculture & Forestry 125 So. 3d 384 La. 2013
State v. Pearson 975 So. 2d 646 La. Ct. App. 5th Cir. 2007
All Pro Paint & Body Shop, Inc., supra, , (1959).
Louisiana Municipal Association v. State 893 So. 2d 809 La. 2005
-88 , (1959) (footnotes omitted) (emphasis added): Due to the complexity of our social and industrial activities, the decisions display an increasing tendency to hold as non-legislative the authority conferred upon commissions and boards to determine the facts or state of things upon which the l
Opiate Replacement Therapy Centers of America, Inc. v. State ex rel. Department of Health & Hospitals 868 So. 2d 216 La. Ct. App. 1st Cir. 2004
v. McCrory, , (1959); State v. All Pro Paint & Body Shop, Inc., 93-1316, pp. 6-7 (La.7/5/94), -12 .
State v. Miller 857 So. 2d 423 La. 2003
829 , (1959); Schwegmann Brothers Giant Super Markets v. McCrory, Commissioner of Agriculture, , (1959); State v. Guidry, 142 La.
State v. Alfonso 753 So. 2d 156 La. 1999
v. McCrory, , , appeal dismissed, 361 U.S. 114 , 80 S.Ct.
State v. Byrd 708 So. 2d 401 La. 1998
v. McCrory, , (1959), this court concluded that our Legislature may confer authority on administrative boards and commissions to determine the facts or state the things upon which the law intends to make its action depend.
State v. All Pro Paint & Body Shop, Inc. 639 So. 2d 707 La. 1994
-88 , (1959) (footnotes omitted) (emphasis added): Due to the complexity of our social and industrial activities, the decisions display an increasing tendency to hold as nonlegislative the authority conferred upon commissions and boards to determine the facts or state of things upon which the la
State v. All Pro Paint & Body Shop 618 So. 2d 962 La. Ct. App. 1st Cir. 1993
In determining whether a particular delegation of legislative authority is unconstitutional, this court has relied upon the rule established in Schwegmann Brothers Giant *967 Super Markets v. McCrory, Comissioner of Agriculture, , , appeal dismissed, 361 U.S. 114 , 80 S.Ct.
State v. Barthelemy 545 So. 2d 531 La. 1989
Bruneau v. Edwards 517 So. 2d 818 La. Ct. App. 1st Cir. 1987
563 (1911); Schwegmann Brothers Giant Super Markets v. McCrory, Commissioner of Agriculture, , (1959); State v. Guidry, 142 La.
State v. Taylor 479 So. 2d 339 La. 1985
In determining whether a particular delegation of legislative authority is unconstitutional, this court has relied upon the rule established in Schwegmann Brothers Giant Super Markets v. McCrory, Commissioner of Agriculture, , , appeal dismissed, 361 U.S. 114 , 80 S.Ct.
Johnson v. Odom 470 So. 2d 988 La. Ct. App. 1st Cir. 1985
(1959), established guidelines to aid in determining whether an agency's action or rule is an unconstitutional delegation of the legislative function.
Adams v. STATE, DEPT. OF HEALTH & HUMAN RESOURCES 458 So. 2d 1295 La. 1984
In determining whether a particular delegation of legislative authority is unconstitutional, this court has relied on the rule established in Schwegmann Brothers Giant Super Markets v. McCrory, Commissioner of Agriculture, 237 La.768, : So long as the regulation or action of the official or board authorized by statute does not in effect determine what the law shall be, or involve the exercise of primary and independent discretion, but only determines within prescribed limits some fact upon which
State v. Broom 439 So. 2d 357 La. 1983
563 (1911); Schwegmann Brothers Giant Super Markets v. McCrory, Commissioner of Agriculture, , (1959); State v. Guidry, 142 La.
Com'r of Agr. v. Plaquemines Par. Com'n Coun. 439 So. 2d 348 La. 1983
v. McCrory, at 614 (La., 1959).
State v. Union Tank Car Co. 439 So. 2d 377 La. 1983
As explained by this court in the case of Schwegmann Brothers Giant Super Markets v. McCrory, Commissioner of Agriculture, , : So long as the regulation or action of the official or board authorized by statute does not in effect determine what the law shall be, or involve the exercise of primary and independent discretion, but only determines within prescribed limits some fact upon which the law by its own term
Louisiana Division of the Horsemen's Benevolent & Protective Ass'n v. Louisiana State Racing Commission 391 So. 2d 589 La. Ct. App. 4th Cir. 1980
(1959), the Supreme Court addressed the question of unlawful delegation of legislative power to an administrative agency.
Louisiana Wholesale Distributors Ass'n v. Department of Revenue & Taxation 387 So. 2d 1257 La. Ct. App. 1st Cir. 1980
State v. Rodriguez 379 So. 2d 1084 La. 1980
[2] In determining whether a particular delegation of legislative authority is unconstitutional this court has relied on the rule established in the case of Schwegmann Brothers Giant Super Markets v. McCrory, Commissioner of Agriculture, , (1959): "...
State v. Baker 359 So. 2d 110 La. 1978
State v. Everfield 342 So. 2d 648 La. 1977
Louisiana Horticulture Commission v. Kuharcik 335 So. 2d 56 La. Ct. App. 1st Cir. 1976
Schwegmann Bros. GS Mkts. v. Louisiana Milk Com'n 290 So. 2d 312 La. 1974
Walker v. Louisiana Expressway Authority 274 So. 2d 716 La. Ct. App. 4th Cir. 1973
v. McCrory, , (1959), the Supreme Court stated: "So long as the regulation or action of the official or board authorized by statute does not in effect determine what the law shall be, or involve the exercise of primary and independent discretion, but only determines within prescribed limits some fact upon which the
Schwegmann Bros. Giant Super Markets v. Louisiana Milk Commission 200 So. 2d 37 La. Ct. App. 1st Cir. 1967
We believe, and do find, that the rationale of the court in Schwegmann Brothers Giant Super Markets v. McCrory (1959) , , to be controlling of the question of legitimate exercise of police power.
Reynolds v. Louisiana Board of Alcoholic Beverage Control 185 So. 2d 794 La. 1966
1 , , providing for 6% markups over cost on the sale of all commodities and our later decision in the McCrory case, , , involving price-fixing for the sale of milk.
Francis v. Louisiana State Livestock Sanitary Bd. 184 So. 2d 247 La. Ct. App. 1st Cir. 1966
Schwegmann Brothers Great Super Markets v. McCrory, Commissioner of Agriculture and Immigration of the State of Louisiana, , 112 So.
State ex rel. Schwegmann Bank & Trust Co. v. Jeansonne 144 So. 2d 159 La. Ct. App. 1st Cir. 1962
the Supreme Court said: “It is now well settled that the Legislature may make the operation or application of a statute contingent upon the existence of certain conditions, and may delegate to some executive or administrative board the power to determine the existence of such facts and to carry out t
Smith Milk Co. v. Pearce 129 So. 2d 525 La. Ct. App. 1st Cir. 1961
Food Town, Inc. v. McCrory 112 So. 2d 619 La. 1959
The issues presented for our determination and the relief sought in this case are identical with those in Schwegmann Brothers Giant Super Markets v. McCrory, Commissioner of Agriculture & Immigration of State of Louisiana, , , the cases having been consolidated for trial in the Court below and for argument on appeal here; the decision in the Schweg-mann case is, therefore, controlling here.