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Cited by

Opinions in Louisiana that cite Plebst v. Barnwell Drilling Company, 148 So. 2d 584.

23 citing documents.

  • AZALEA LAKES P'SHIP. v. Parish of St. Tammany 859 So. 2d 57 La. Ct. App. 1st Cir. 2003
    (1963), concluded that neither this constitutional provision nor subsequent special constitutional amendments operated as a tacit restriction or limitation on the legislative power to delegate zoning authority to other public subdivisions.
  • Dennis v. the Finish Line, Inc. 781 So. 2d 12 La. Ct. App. 1st Cir. 2000
    (1963), and Long v. Ins.
  • LA DEPT. OF AGRI. & FORESTRY v. Sumrall 728 So. 2d 1254 La. 1999
    833 , (1967); , (1963)).
  • Louisiana Department of Agriculture & Forestry v. Sumrall 728 So. 2d 1254 La. 1999
    833 , (1967); , (1963)).
  • Lewis v. State 685 So. 2d 640 La. Ct. App. 1st Cir. 1996
    (1963) the Louisiana Supreme Court dealt with the issue of the effect of a constitutional amendment which attempts to make valid a law which was previously determined to be unconstitutional.
  • State v. Cousan 684 So. 2d 382 La. 1996
    1975) (New constitution, which became effective on January 1, 1975, was not applicable in determining the appellate court's role in reversing a ruling that refused defendants' motion for directed verdict because both the operative facts and the trial of the case occurred in 1973.); , (1963) ("Generally, the law seems to be well established that an unconstitutional statute is not validated by a subsequent constitutional amendment which does not ratify and confirm the statute but merely authorizes
  • Begnaud v. Department of Transp. & Dev. 679 So. 2d 113 La. Ct. App. 5th Cir. 1996
    In determining whether the subsequent constitutional amendment retroactively validated the prior unconstitutional statute, the court looked to the intent of the legislature and applied the following test [-85 , (1963)]: [I]t is equally well settled that statutes, in conflict with the constitution at the time they are passed, are validated by a constitutional amendment which expressly ratifies and confirms them and they may be given retrospective effect "...
  • St. Charles Gaming v. Riverboat Gaming 648 So. 2d 1310 La. 1995
    1975); Plebst v. Barnwell Drilling Co., Inc., , (1963); 6 Rohan, Zoning and Land Use Controls § 35.04 (1991); see also City of New Orleans v. Board of Commissioners, 93-0690, p. 32 (La.
  • City of New Orleans v. Board of Com'rs 640 So. 2d 237 La. 1994
    set forth in *255 this opinion; has violated well settled principles governing the exercise of the police power, See or has exercised its zoning power in an unreasonable, oppressive, arbitrary, or discriminatory manner, See, e.g., Four States Realty Co., Plebst v. Barnwell Drilling Co., Inc., , (1963); 6 Rohan, Zoning and Land Use Controls § 35.04 (1991).
  • In re Delaune 625 So. 2d 269 La. Ct. App. 4th Cir. 1993
    a ratifying clause in a constitutional amendment can validate an unconstitutional statute from the date the statute would have gone into effect had it not been unconstitutional.” This is so “provided such validation does not impair the obligations of a contract or divest vested rights.” Id., at 639 , -85 , (1963).
  • Reynolds Metals Co. v. Avondale Container Yard Storage & Repair, Inc. 597 So. 2d 127 La. Ct. App. 1st Cir. 1992
    860 , (1963), the court interpreted this statute as follows: This prescription may be invoked by the carrier or shipper against claims asserted against it and is not available to parties occupying the position of third party defendant here who are not privy to the contract of affreightment, (at ).
  • Long v. Insurance Co. of North America 595 So. 2d 636 La. 1992
    -85 , (1963), which concerned a constitutional amendment that ratified a zoning statute passed several years earlier, we stated: [I]t is equally well settled that statutes, in conflict with the constitution at the time they are passed, are validated by a constitutional amendment which expressly
  • Sampson v. WENDY'S MANAGEMENT, INC. 580 So. 2d 430 La. Ct. App. 2d Cir. 1991
    (1963), dealt with the issue of whether a constitutional amendment ratifies an otherwise unconstitutional statute.
  • Guillory v. Dept. of Transp. and Development 450 So. 2d 1305 La. 1984
  • City of New Orleans v. State 364 So. 2d 1020 La. 1978
    1180 , 12 L.Ed.2d 185 ; , (1963); Civello v. City of New Orleans, 154 La.
  • Davenport v. Hardy 349 So. 2d 858 La. 1977
    855 , (1967); Plebst v. Barnwell Drilling Co., Inc., , (1963); State v. Pete, supra .
  • Orleans Parish School Board v. Williams 312 So. 2d 647 La. 1975
    488 , (1972); , (1963); State of Louisiana, Department of Highways v. Macaluso, 235 La.
  • Parish of Jefferson v. Louisiana Department of Corrections 254 So. 2d 582 La. 1971
  • Garden District Ass'n v. City of New Orleans 238 So. 2d 267 La. Ct. App. 4th Cir. 1970
    As we are not disposed to speculate, or put up straw men simply for the purpose of knocking them down, and as we know of no reason why the action of the Board in the instant case should be declared unconstitutional ( , ), we reject the contention.
  • Villa Del Rey Citizens Ass'n v. City of Baton Rouge 233 So. 2d 566 La. Ct. App. 1st Cir. 1970
    (1963) the Supreme Court clearly recognized the right of an interested party to utilize the provisions of the Declaratory Judgments Act in challenging a zoning ordinance.
  • Kane v. Louisiana Commission on Governmental Ethics 199 So. 2d 900 La. 1967
    Buras v. Orleans Parish Democratic Executive Com., 248 La.
  • Womack v. Louisiana Commission on Governmental Ethics 199 So. 2d 891 La. 1967
  • Michell v. Louisiana State Board of Optometry Examiners 156 So. 2d 457 La. 1963