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DAIQUIRI CAFE SHERWOOD INC. v. PARISH OF E. BATON ROUGE

No. 2000 CA 1745.

818 So.2d 1 (2001)

DAIQUIRI CAFE SHERWOOD INC., d/b/a Daiquiri Café v. PARISH OF EAST BATON ROUGE and the City of Baton Rouge.

Court of Appeal of Louisiana, First Circuit.

November 9, 2001.

Attorney(s) appearing for the Case

David J. Halpern, Metairie, LA, for plaintiff/appellant, Daiquiri Café Sherwood, Inc. d/b/a Daiquiri Café.

Eugene A. Booth and Michael E. Ponder, Baton Rouge, LA, for defendant/appellee, Parish of East Baton Rouge and The City of Baton Rouge.

BEFORE: FITZSIMMONS, WEIMER and DOWNING, JJ.

DOWNING, J.

This appeal challenges the action of the trial court in denying an injunction that would have precluded East Baton Rouge Parish/City of Baton Rouge from enforcing an ordinance that limits alcoholic beverage sales on Sunday because the ordinance was not first submitted to a public vote. Daiquiri Café Sherwood, Inc. argues that the ordinance is in violation of La.R.S. 51:191, the statute enacted in 1986 allowing local governments to enact ordinances...

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