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STATE v. STIRGUS

No. 83-KA-0809.

437 So.2d 249 (1983)

STATE of Louisiana v. Shurbert Charles STIRGUS.

Supreme Court of Louisiana.

September 2, 1983.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Ossie B. Brown, Dist. Atty., Kay Kirkpatrick, John Sinquefield, Asst. Dist. Attys., for plaintiff-appellant.

Alan S. Fishbein, Fishbein & Comeaux, Baton Rouge, for defendant-appellee.

CALOGERO, Justice.

The trial court's declaring unconstitutional Act 183 of the 1980 Louisiana Legislature prompts this review on appeal by the state.1

Act 183 of 1980 is a local law which in part prohibits excavation of that portion of the bed and banks of the Comite River in East Baton Rouge Parish between Comite Drive and Greenwell Springs Road, which lies within three hundred feet...

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