HAYDEN v. LOUISIANA PUBLIC SERVICE COM'N

No. 89-CA-1283.

553 So.2d 435 (1989)

Channing HAYDEN, Jr., et al. v. LOUISIANA PUBLIC SERVICE COMMISSION and the State of Louisiana.

Supreme Court of Louisiana.

December 11, 1989.


Attorney(s) appearing for the Case

Richard S. Eustis, Louis S. Quinn, Charles Nunmaker, Monroe & Lemann, New Orleans, Walter H. Drake, Jr., Chalmette, Charles H. Junek, III, Violet, Louis Stierwald, Jr., Kenneth M. Wright, Lake Charles, for intervenors-appellants.

Edward S. Bagley, Terriberry, Carroll & Yancey, New Orleans, for plaintiff-appellee.

Marshall B. Brinkley, Robert L. Rieger, Jr., Baton Rouge, for defendant-appellee.

William J. Guste, Jr., Atty. Gen., Jesse James Marks, Chief, Robert A. Barnett, Asst. Atty. Gen., for defendant-appellant.


COLE, Justice.

In this case we are asked to decide whether certain sections of a statute governing pilotage fee commissions are an unconstitutional infringement on the power of the Louisiana Public Service Commission to adopt its own rules, regulations, and procedures and whether one section of the statute violates due process. We find the statute constitutional.

BACKGROUND

Beginning in 1837, the legislature first imposed regulations on the pilots...

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