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Opinions in Louisiana that cite TEACHERS'RETIREMENT SYSTEM OF LOUISIANA v. Vial, 317 So. 2d 179.

39 citing documents.

Kathleen Welch and Carroll Dewayne Welch v. United Medical Healthwest-New Orleans L.L.C. and United Medical Healthcare Inc. La. 2025
Deer Enterprises, 56 So.3d at 944; Teachers’ (La.
Langsford v. Firefighters Ret. Sys. 247 So. 3d 728 La. Ct. App. 1st Cir. 2018
Louisiana High School Athletics Ass'n v. State 107 So. 3d 583 La. 2013
A law is special if it “affects only a certain number of persons within a class and not all persons possessing the characteristics of the class.” Deer Enter., 10-0671 at 9, 56 So.3d at 944 (citing Teachers’ ).
Deer Enterprises, LLC v. Parish Council of Washington Parish 56 So. 3d 936 La. 2011
In other words, a law is special if it “affects only a certain number of persons within a class and not all persons possessing the characteristics of the class.” Teachers’
Dufrene v. GAUTHREAU FAMILY LLC 28 So. 3d 465 La. Ct. App. 1st Cir. 2009
Hon. Wilford D. Carter v. H. Lynn Jones, II, Clerk of Court La. Ct. App. 3d Cir. 2007
Carter v. Jones 967 So. 2d 615 La. Ct. App. 3d Cir. 2007
Louisiana Associated General Contractors, Inc. v. Louisiana Department of Agriculture & Forestry 924 So. 2d 90 La. 2006
LAGC v. LA Dept. of Agr. and Forestry 924 So. 2d 90 La. 2006
Dept. of Agriculture v. STATE LICENSING BD. 837 So. 2d 726 La. Ct. App. 2d Cir. 2003
In re Trestman 795 So. 2d 398 La. Ct. App. 1st Cir. 2001
See Polk, supra; see also Teachers’ Retirement System, v. Vial
Edwards v. Daugherty 729 So. 2d 1112 La. Ct. App. 3d Cir. 1999
Kimball v. Allstate Ins. Co. 712 So. 2d 46 La. 1998
at 549; Labauve, 359 So.2d at 182 ; ("[A] statute is special if it affects only a certain number of persons within a class and not all persons possessing the characteristics of the class ...
In Interest of CLS 649 So. 2d 532 La. Ct. App. 3d Cir. 1994
v. Vial, Abbott v. Parker, 259 La.
Polk v. Edwards 626 So. 2d 1128 La. 1993
Knapp, 68 So.2d at 777 .
Jurisich v. Hopson Marine Service Co., Inc. 619 So. 2d 1111 La. Ct. App. 4th Cir. 1993
Abate v. Healthcare Intern., Inc. 560 So. 2d 812 La. 1990
Winston v. Orleans Parish School Bd. 545 So. 2d 1174 La. Ct. App. 4th Cir. 1989
American Waste & rehearing den.; rehearing den.; Delta Development Company, (La.App.
Parish of Jefferson v. Roemer 539 So. 2d 97 La. Ct. App. 5th Cir. 1989
where it was held that: In essence, a special law is one directed to secure some private advantage or advancement for the benefit of private persons (at 183).
Concerned Bus. & Prop. Owners of DeSoto, Inc. v. DeSoto Parish School Bd. 531 So. 2d 436 La. 1988
Kotch v. Board of River Port Pilot Commissioners, 209 La.
Chevron USA, Inc. v. Lorio 496 So. 2d 611 La. Ct. App. 1st Cir. 1986
Bethard v. State, Through Bd. of Trustees 430 So. 2d 1122 La. Ct. App. 1st Cir. 1983
City of New Orleans v. Treen 431 So. 2d 390 La. 1983
Jackson v. State, Tchrs.'Retire. System 407 So. 2d 416 La. Ct. App. 1st Cir. 1981
Smith v. Cajun Insulation, Inc. 392 So. 2d 398 La. 1980
Webster Parish School Board v. Guste 391 So. 2d 913 La. Ct. App. 1st Cir. 1980
It is not dissimilar to the classifications found proper in the cases of Kotch v. River Port Pilot Com’ rs., supra, (here a class of Mississippi River Pilots was created); and Teachers’ (here a class of Louisiana Public School Teachers was exempted from Louisiana forced heir-ship laws), wherein statutes creating similar classifications were contended to be unconstitutional as special laws.
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
A ‘local’ or ‘special’ law is one which because of its restrictions can operate upon or affect only a portion of the citizens, or a fraction of the property embraced within the classification created.” The court in Davenport v. Hardy, supra, then quoted from its decision in Teachers’ as follows in pertinent part: “In contrast, a statute is special if it affects only a certain number of persons within a class and not all persons possessing the characteristics of the class.
Thrash v. Thrash 387 So. 2d 21 La. Ct. App. 3d Cir. 1980
Turner v. Allstate Ins. Co. 368 So. 2d 797 La. Ct. App. 2d Cir. 1979
State Ex Rel. Bickman v. Dees 367 So. 2d 283 La. 1978
Burmaster v. Gravity Drainage Dist. No. 2 366 So. 2d 1381 La. 1978
this court distinguished permissible general laws from special laws prohibited by our constitution: General laws are those that operate equally and uniformly upon all persons *1385 brought within the relations and circumstances for which they provide or that operate equally upon all persons of a designated
State v. LaBauve 359 So. 2d 181 La. 1978
Kotch v. Board of River Port Pilot Commissioners, 209 La.
Butler v. Flint-Goodridge Hospital of Dillard 354 So. 2d 1070 La. Ct. App. 4th Cir. 1978
Turning to the issue of special law versus general law, (La.
Esteve v. Allstate Ins. Co. 351 So. 2d 117 La. 1977
Davenport v. Hardy 349 So. 2d 858 La. 1977
Miller v. Henderson, La., (1976); Teachers' Retirement System of Louisiana v. Vial, La., (1975); Knapp v. Jefferson-Plaquemines Drainage District, 224 La.
Martin v. Louisiana Stadium and Exposition Dist. 349 So. 2d 349 La. Ct. App. 4th Cir. 1977
the Louisiana Supreme Court stated: "General laws are those that operate equally and uniformly upon all persons brought within the relations and circumstances for which they provide or that operate equally upon all persons of a designated class founded upon a reasonable and proper classification.
TL James & Co., Inc. v. Montgomery 332 So. 2d 834 La. 1976
State Ex Rel. Miller v. Henderson 329 So. 2d 707 La. 1976
See: Comment, General and Special Laws in Louisiana, 16 La.L.Rev.
Roberts v. Roberts 325 So. 2d 674 La. Ct. App. 2d Cir. 1976
affirming the Supreme Court was not directly presented with a separate versus community property issue but treated a deceased teacher's interest in the retirement system as separate property in disposing of one of the issues presented in that case.

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