Cited by
Opinions in Louisiana that cite City of New Orleans v. Board of Com'rs, 640 So. 2d 237.
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Pitre v. Dufrene
726 So. 2d 81
La. Ct. App. 5th Cir. 1998
City of New Orleans v. Board of Commissioners of Orleans Levee District, 93-069 (La.7/5/94), .
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Vallier v. Louisiana Health Systems, Inc.
722 So. 2d 418
La. Ct. App. 3d Cir. 1998
City of New Orleans v. Board of Comm'rs, 93-0690 (La.7/5/94); .
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Cat's Meow, Inc. v. City of New Orleans Through Department of Finance
720 So. 2d 1186
La. 1998
In support of their arguments, the City cites this Court's opinions in City of New Orleans v. Board of Commissioners, 93-0690 (La.7/5/94), (holding that every Home Rule Charter in existence before the adoption of the Louisiana Constitution of 1974 is limited only to the extent that the home rule is inconsistent with the 1974 Constitution); Cox Cable New Orleans, (holding that the City of New Orleans' t
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King v. Caddo Parish Com'n
719 So. 2d 410
La. 1998
Charles Gaming Co., Inc. v. Riverboat Gaming, 94-2697 (La.1/17/95); ; City of New Orleans v. Board of Commissioners, 93-0690 (La.7/5/94); ; Folsom Road Civic Association v. Parish of St.
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Smith v. ST. TAMMANY FIRE PROTECTION DIST. NO. 1.
723 So. 2d 994
La. Ct. App. 1st Cir. 1998
City of New Orleans v. Board of Commissioners of Orleans Levee District, 93-0690, p. 2 (La.7/5/94); ; Woodland Ridge Association v. Cangelosi , 94-2604, p. 3 (La.App.
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Kewaunee Scientific Corp. v. RAGUSA & SON
723 So. 2d 470
La. Ct. App. 1st Cir. 1998
City of New Orleans v. Board of Commissioners of Orleans Levee District, 93-0690 (La.7/5/94), .
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Ultra Fabricators, Inc. v. MC BANK
724 So. 2d 210
La. Ct. App. 1st Cir. 1998
City of New Orleans v. Board of Commissioners of the Orleans Levee District, 93-0690, p. 28 (La.7/5/94); .
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Byers v. Edmondson
712 So. 2d 681
La. Ct. App. 1st Cir. 1998
City of New Orleans v. Board of Commissioners of Orleans Levee District, 93-0690, p. 2 (La.7/5/94), ; Treasure Chest Casino, L.L.C. v. Parish of Jefferson, 691 So.2d at 754 .
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Nelson v. Williams
707 So. 2d 436
La. Ct. App. 5th Cir. 1998
as follows: In reviewing a trial court's ruling sustaining an exception of no cause of action, the court of appeal and this court should subject the case to de novo review because the exception raises a question of law and the lower court's decision is based only on the sufficiency of the petition.
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Atwell v. National Safety Consultants, Inc.
713 So. 2d 495
La. Ct. App. 3d Cir. 1998
City of New Orleans v. Board of Comm'rs., 93-0690 (La.7/5/94); .
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City of New Orleans v. Board of Directors of Louisiana State Museum
709 So. 2d 1008
La. Ct. App. 1st Cir. 1998
In City of New Orleans v. Board of Comm’rs of the New Orleans Levee Dist., 93-0690 (La.7/5/94), , the Orleans Levee District (OLD) began construction of a marina and related developments for commercial profit on state-owned land inside the City of New Orleans without complying with New Orleans’ zoning and building ordinances.
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White v. Fetzer
707 So. 2d 1377
La. Ct. App. 3d Cir. 1998
City of New Orleans v. Board of Commissioners of Orleans Levee District, 93-690 (La.7/5/94); .
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Capital City Towing & Recovery, Inc. v. City of Baton Rouge
709 So. 2d 248
La. Ct. App. 1st Cir. 1998
City of New Orleans v. Board of Commissioners of Orleans Levee District, 93-0690, p. 2 (La.7/5/94); ; Woodland Ridge Association v. Cangelosi, 94-2604, p. 3 (La.App.
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Bland v. Bland
705 So. 2d 1158
La. Ct. App. 1st Cir. 1997
City of New Orleans v. Board of Commissioners of Orleans Levee District, 93-0690, p. 2 (La.7/5/94); ; Treasure Chest, 691 So.2d at 754 .
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Walters v. Rubicon Inc.
706 So. 2d 503
La. Ct. App. 1st Cir. 1997
City of New Orleans v. Board of Commissioners of the Orleans Levee District 93-0690, p. 29 (La.7/5/94); .
- 7004 St. Charles Ave. Corp. v. City of New Orleans 704 So. 2d 909 La. Ct. App. 4th Cir. 1997
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Sivils v. Mitchell
704 So. 2d 25
La. Ct. App. 1st Cir. 1997
7/5/94), ; Treasure Chest Casino, L.L.C. v. Parish of Jefferson, 691 So.2d at 754 .
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La. Associated Gen. Contracters, Inc. v. No Aviation Bd.
701 So. 2d 130
La. 1997
See also City of Baton Rouge v. Blakeley, 96-1742 (La.9/9/97), ; State v. Saizan, 96-1340 (La.4/8/97), ; City of Baton Rouge v. Williams, 95-0308 (La.10/16/95), ; City of Baton Rouge v. Ross, 94-0695 (La.4/28/95), ; City of New Orleans v. Board of Com'rs of Orleans Levee Dist., 93-0690 (La.7/5/94), .
- Caronia v. McKenzie's Pastry Shoppes 700 So. 2d 1315 La. Ct. App. 4th Cir. 1997
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City of Baton Rouge v. Blakely
699 So. 2d 1053
La. 1997
In City of New Orleans v. Board of Com’rs, 93-0690 (La.7/5/94), , this court addressed the ability of the City of New Orleans, which like Baton Rouge is also a home rule municipality, to initiate legislation under the 1974 Constitution: There are three primary, interrelated sources of the CNO’s power to initiate legislation and regulation: Article VI, § 4 of the 1974 state constit
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Stalter v. 700 South Peters Street Partnership
696 So. 2d 586
La. Ct. App. 1st Cir. 1997
\iCity of New Orleans v. Board of Commissioners, No. 93-0690 (7/5/94), (emphasis added).
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State v. Saizan
692 So. 2d 1045
La. 1997
Commenting on this article, we stated in City of Baton Rouge v. Ross, 94-0695 (La.4/28/95); : In City of New Orleans [v. Board of Com'rs, 93-0690 (La.7/5/94); ], we concluded that Article VI, § 4 of the Louisiana Constitution of 1974 provided not only that those Home Rule Charter governments [like the City-Parish government of Baton Rouge] existing prior to our 1974 constitution retained the power they had exercised under the 1921 constitution, but also that they retained t
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TREASURE CHEST v. Parish of Jefferson
691 So. 2d 751
La. Ct. App. 1st Cir. 1997
City of New Orleans v. Board of Commissioners of Orleans Levee District, 93-0690, p. 2 (La.7/5/94); ; Woodland Ridge Association v. Cangelosi, 94-2604, p. 3 (La.App.
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Keys v. Broussard
692 So. 2d 596
La. Ct. App. 3d Cir. 1997
In City of New Orleans v. Board of Com'rs of Orleans Levee Dist., 93-0690 (La.7/5/94); , the supreme court stated: The purpose of an exception of no cause of action is to determine the sufficiency in law of the petition.
- City of New Orleans v. BOARD OF COM'RS 694 So. 2d 975 La. Ct. App. 4th Cir. 1996
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Riley v. Riley
680 So. 2d 169
La. Ct. App. 1st Cir. 1996
City of New Orleans v. Board of Commissioners of Orleans Levee District, 93-0690 (La.7/5/94), .
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Haspel & Davis v. Bd. of Levee Com'rs
680 So. 2d 159
La. Ct. App. 4th Cir. 1996
City of New Orleans v. Board of Commissioners of Orleans Levee District, 93-0690 (La.7/5/94), .
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Vogt v. Board of Levee Com'rs
680 So. 2d 149
La. Ct. App. 4th Cir. 1996
City of New Orleans v. Board of Commissioners of Orleans Levee District, 93-0690 (La.7/5/94), .
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Pappy's Investment Group of Lake Charles, Inc. v. City of Lake Charles
677 So. 2d 1145
La. Ct. App. 1st Cir. 1996
7/5/94); , involving an ordinance “in existence when the 1974 Louisiana Constitution was adopted,” is thereby distinguished.
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Thomas v. Armstrong World Industries
676 So. 2d 1185
La. Ct. App. 1st Cir. 1996
City of New Orleans v. Board of Commissioners, 93-0690, p. 2 (La.7/5/94), .
- Perry v. First National Bank of Jefferson 673 So. 2d 1235 La. Ct. App. 1st Cir. 1996
- Downs v. RTS Sec., Inc. 670 So. 2d 434 La. Ct. App. 3d Cir. 1996
- City of Baton Rouge v. Williams 661 So. 2d 445 La. 1995
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Twin Parish Port Com'n v. Berry Bros., Inc.
663 So. 2d 257
La. Ct. App. 3d Cir. 1995
Lacking constitutional or statutory authority, the Commission, a non-home rule charter political subdivision, Cf., City of New Orleans v. Board of Com'rs, 93-0690 (7/5/94), , [9] was powerless to enact Ordinance No. 10, which not only restricts where an activity permitted by state law may occur, but prevents its very occurrence.
- Craft v. Allstate Ins. Co. 663 So. 2d 116 La. Ct. App. 3d Cir. 1995
- Foster v. Kemp 657 So. 2d 681 La. Ct. App. 1st Cir. 1995
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GNC Ltd. Partnership v. Dooley
657 So. 2d 255
La. Ct. App. 1st Cir. 1995
7/5/94); ] and should be sustained only if the law affords no remedy for the grievance asserted under any evidence admissible under the pleadings.
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City of Baton Rouge v. Ross
654 So. 2d 1311
La. 1995
For such an entity different rules apply, as we recently stated in City of New Orleans v. Board of Com'rs, No. 93-C-0690
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Edgecombe v. Board of Levee Commissioners
650 So. 2d 1249
La. Ct. App. 1st Cir. 1995
7/5/94), (citations omitted).
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SECURITY CENTER PROTECTION SERV., INC. v. All-Pro Security, Inc.
650 So. 2d 1206
La. Ct. App. 4th Cir. 1995
7/5/94); (citations omitted).
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Perrier v. Bistes
650 So. 2d 786
La. Ct. App. 1st Cir. 1995
7/5/94), (citations omitted).
- St. Charles Gaming v. Riverboat Gaming 648 So. 2d 1310 La. 1995
- Police Ass'n of New Orleans v. New Orleans 649 So. 2d 951 La. 1995
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Jackson v. Ferrand
658 So. 2d 691
La. Ct. App. 4th Cir. 1994
7/5/94); (citations omitted).
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Lafourche Parish Council v. Autin
648 So. 2d 343
La. 1994
7/5/94), [discussion of Dillon's Rule]; 23 Loy.L.Rev.