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RADIOFONE, INC. v. CITY OF NEW ORLEANS

No. 93-WA-0962.

630 So.2d 694 (1994)

RADIOFONE, INC. v. The CITY OF NEW ORLEANS, The City Council of New Orleans, Dorothy Mae Taylor, Council Woman-At-Large, Joseph I. Giarrusso, Councilman-At-Large, James Singleton, Lambert C. Bossere, Johnny Hockson, Jr. and Sidney J. Barthelemy, Mayor of the City of New Orleans.

Supreme Court of Louisiana.

January 14, 1994.

Attorney(s) appearing for the Case

Kathy L. Torregano, City Atty., Dan B. Zimmerman, Deputy City Atty., Bruce E. Naccari, Asst. City Atty., for applicants.

Charles W. Lane, III, Pauline F. Hardin, William M. Backstrom, Jr., Katy K. Theriot, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Jesse R. Adams, Jr., Bruce J. Oreck, Adams & Johnson, New Orleans, for respondents.

DENNIS, Justice.*

Under the Louisiana Constitution of 1974, a local governmental subdivision may impose an occupational license tax greater than that imposed by the state when authorized by law enacted by two-thirds of the elected members of each house of the legislature. Article VI, § 28. The City of New Orleans imposed a tax on the privilege of engaging in a telecommunications business greater than any such state tax without approval...

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