RING v. STATE, DOTD

No. 2002-CA-1367.

835 So.2d 423 (2003)

Gary L. RING, individually and on behalf of all others similarly situated, v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, and the Division of Weights and Standards.

Supreme Court of Louisiana.

January 14, 2003.


Attorney(s) appearing for the Case

James J. Bolner, Jr., Keith M. Detweiler, Berrigan, Litchfield, Schonekas & Mann, New Orleans; Richard P. Ieyoub, Attorney General, Counsel for Applicant.

Nathan M. Bandaries, Kenneth A. Goodwin, New Orleans, Robert G. Creely, Gretna, Amata & Creely, Counsel for Respondent.


WEIMER, Justice.

This case is before us as a direct appeal from district court judgments declaring LSA-R.S. 32:389, both prior to and after its August 15, 2001 amendment, unconstitutional. Because we find that the district court erred and addressed the constitutional issue prematurely, we reverse the judgments and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

On March 9, 2000, Gary Ring, an Illinois resident, was operating an eighteen...

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