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BERNELLE v. TOWN OF RICHWOOD

No. 14966.

420 So.2d 505 (1982)

E. P. BERNELLE, Windle R. Gordon, Joseph S. Lyons, Jessie Conville, Mrs. John D. Conville, Levon Smith, Doyle A. Nelson and Etta Davenport, Plaintiffs-Appellees, v. TOWN OF RICHWOOD, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied October 29, 1982.

Attorney(s) appearing for the Case

Hunter & Scott by Louis G. Scott, Monroe, for defendant-appellant.

Clyde Lain, II, Monroe, for plaintiffs-appellees.

Before PRICE, HALL and FRED W. JONES, Jr., JJ.

HALL, Judge.

The Town of Richwood appeals from a judgment nullifying its ordinance purporting to annex an area described as Richwood Sewage District No. 3. For reasons set forth in this opinion we affirm the judgment of the district court.

The ordinance was adopted on October 20, 1980. Plaintiffs filed suit contesting the validity of the ordinance on March 27, 1981. The town filed an exception claiming plaintiffs' action was barred since the action was brought...

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