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BOARD v. ST. BERNARD PARISH GOVERNMENT

No. 96-CA-2231.

682 So.2d 811 (1996)

BOARD OF COMMISSIONERS OF the ST. BERNARD PARISH WATER AND SEWER COMMISSION v. ST. BERNARD PARISH GOVERNMENT, Through its Parish President, Charles H. PONSTEIN, W. Fox McKeithen, in his Official Capacity as Secretary of State of the State of Louisiana, Lena R. Torres, in her Official Capacity as Clerk of the Thirty-Fourth Judicial District Court, and Jerry M. Fowler, Commissioner of Elections.

Court of Appeal of Louisiana, Fourth Circuit.

October 17, 1996.

Attorney(s) appearing for the Case

Sheri M. Morris, Baton Rouge, for Secretary of State.

T. Carey Jones, Denham Springs, for Commissioner of Elections.

Michael R. Fontham, Denise M. Pilie, Michael Q. Walshe, Jr., Stone, Pigman, Walther, Wittmann & Hutchinson, L.L.P., New Orleans, for St. Bernard Parish Government.

J. Wayne Mumphrey, Law Offices of J. Wayne Mumphrey, Chalmette, for St. Bernard Parish Water & Sewer Commission.

Before BYRNES, LOBRANO and PLOTKIN, JJ.

PLOTKIN, Judge.

In this appeal, the St. Bernard Parish Water and Sewer Commission challenges an election in which the Commission was abolished and the administration of the water and sewerage districts was transferred to the St. Bernard Parish government. Finding the election valid, we affirm.

Paragraph 7-09 D of the Home Rule Charter of St. Bernard Parish, which was approved by the voters of St. Bernard Parish, mandates that the parish government "effect...

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