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AMERICAN WASTE AND POLLUTION CONTROL CO v. ST. MARTIN PARISH POLICE JURY

No. 92-CA-1433.

609 So.2d 201 (1992)

AMERICAN WASTE AND POLLUTION CONTROL CO. v. ST. MARTIN PARISH POLICE JURY and the Parish of St. Martin.

Supreme Court of Louisiana.

Dissenting Opinion December 1, 1992.

Attorney(s) appearing for the Case

Bernard E. Boudreaux, Jr., Dist. Atty., Randall P. Serrett, John P. Haney, Asst. Dist. Attys., for applicant.

Michael G. Durand, Virgil E. Wilson, Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell, Lafayette, for respondents.

Dissenting Opinion of Justice Dennis December 1, 1992.

HALL, Justice.

This is a suit for a declaratory judgment on the constitutionality of certain parish ordinances. The primary issue presented is whether the St. Martin Parish Police Jury has the authority, constitutional or legislative, to zone or restrict land use. The district court found the parish lacked the authority to do so and thus found a zoning ordinance and a siting ordinance enacted by the parish...

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