No. 51288 Precedential Processed

City of Baton Rouge v. Van Valkenburg

Louisiana Supreme Court · Filed June 7, 1971 · 249 So. 2d 189

Cited by

State v. Craddock 307 So. 2d 342 La. 1975
State v. Miller 284 So. 2d 604 La. 1973
State v. Mallet 284 So. 2d 761 La. 1973
State v. Lobue 273 So. 2d 508 La. 1973
State v. Jones 270 So. 2d 489 La. 1972

Opinion text

SUMMERS, Justice (concurring). The decision of the City Court declaring the ordinance unconstitutional becomes final when the issue is not properly presented for review on appeal. This means that the contested ordinance has been declared unconstitutional by a court of competent jurisdiction in a judgment which becomes final when this appeal becomes final. The ordinance is, therefore, unconstitutional, which is as it should be.