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BEAUCLAIRE v. GREENHOUSE

No. 2005-CA-0765.

922 So.2d 501 (2006)

Jerry and Jannie BEAUCLAIRE v. Marjories GREENHOUSE, et al.

Supreme Court of Louisiana.

February 22, 2006.

Attorney(s) appearing for the Case

Charles C. Foti, Jr., Attorney General, Terry F. Hessick, Assistant Attorney General; Provosty, Sadler, Delaunay, Fiorenza & Sobel, Ronald J. Fiorenza, John D. Ryland, Alexandria, for appellant

The Law Offices of Darrel D. Ryland, Darrel Dee Ryland, Joseph B. Treuting, Wesley K. Elmer, Marksville, Danika A. Benjamin, for appellee.

WEIMER, Justice.

This case is before us on direct appeal1 from a district court judgment declaring LSA-R.S. 13:5105(D), which grants a political subdivision the right to waive the prohibition against a jury trial, unconstitutional. For reasons that follow, we find the provision constitutional and reverse the holding of the district court.

FACTS AND PROCEDURAL HISTORY

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