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JURISICH v. JENKINS

No. 99-C-0076.

749 So.2d 597 (1999)

Mitchell B. JURISICH, Sr., Mitchell B. Jurisich, Jr., Frank Jurisich, G.I. Joe, Inc., Gulf Star Oysters, Inc., and Bayou Canard, Inc. v. James H. JENKINS, Jr., Secretary of the Louisiana Department of Wildlife & Fisheries, The Louisiana Department of Wildlife & Fisheries, and the Louisiana Wildlife & Fisheries Commission.

Supreme Court of Louisiana.

Order Denying Rehearing November 17, 1999.

Attorney(s) appearing for the Case

Michael Louis Martin, George Pivach, II, Pivach & Pivach, Belle Chasse, Counsel for Applicant.

Richard P. Ieyoub, Atty. Gen., Jedd Spencer Malish, New Orleans, Frederick Coller Whitrock, Baton Rouge, Andrew Charles Wilson, New Orleans, Donna M. Young, New Orleans, Counsel for Respondent.

KNOLL, Justice.*

This action for preliminary injunction addresses the scope of authority granted to the Secretary for the Louisiana Department of Wildlife and Fisheries (Secretary) with respect to the renewal of oyster leases as provided by La.R.S. 56:428. At issue is the question of whether the Secretary may refuse to renew oyster leases unless the oyster lessees agree to the inclusion of an onerous condition which was not part of their...

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