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TWIN PARISH PORT COM'N v. BERRY BROS., INC.

No. 95-425.

663 So.2d 257 (1995)

TWIN PARISH PORT COMMISSION, Plaintiff-Appellant, v. BERRY BROTHERS, INC. and Equitable Storage Company, Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied January 5, 1996.

Attorney(s) appearing for the Case

Theodore Michael Haik Jr., New Iberia, J. Arthur Smith III, Baton Rouge, for Twin Parish Port Commission.

James Leeper Ellis, Baton Rouge, Oscar E. Reed Jr. and Edgar D. Gankendorff, Lafayette, for Berry Brothers, Inc. and Equitable Storage Company.

Hal James Broussard, Lafayette, for Louisiana Oilfield Contractors Ass'n.

Richard Phillip Ieyoub, Baton Rouge, for amicus curiae State of Louisiana.

April Rose Snellgrove, Baton Rouge, for amicus curiae D.E.Q.

Before SAUNDERS and SULLIVAN, JJ., and KNIGHT, J. Pro Tem.

SAUNDERS, Judge.

The questions concern the inherent powers, if any, of the Twin Parish Port Commission, a non-home rule charter political subdivision of this state, to enact regulations in fields where it lacks an affirmative grant of constitutional or statutory authority. The questions arise in the context of two ordinances, one purporting to govern zoning or land-use, and the other concerning regulation of the environment.

Both ordinances were declared unenforceable...

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