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RISTROPH v. PUBLIC FACILITIES AUTHORITY

No. 2006 CA 1669.

943 So.2d 492 (2006)

Don RISTROPH, and All Those Similarly Situated, All Taxpayers and All Other Persons Interested in or Affected in any Way by the Issuance of not to Exceed $17,500,000 Gulf Opportunity Zone Act to the Louisiana Public Facilities Authority on Behalf of Pipeline Technology VI, LLC v. LOUISIANA PUBLIC FACILITIES AUTHORITY, Pipeline Technology VI, LLC.

Court of Appeal of Louisiana, First Circuit.

September 14, 2006.

Attorney(s) appearing for the Case

Kirk A. Patrick, Holly Q. Sides, David F. Zuber, Baton Rouge, Counsel for Plaintiffs/Appellants, Don Ristroph, et al.

Gordon D. Polozola, Baton Rouge, Counsel for Defendant/Appellee, Pipeline Technology VI, LLC.

Harry J. Philips, Jr., Tracy A. Morganti, Baton Rouge, Counsel for Defendant/Appellee, Louisiana Public Facilities Authority.

Before: CARTER, C.J., WHIPPLE, PETTIGREW, DOWNING, and MCDONALD, JJ.

CARTER, C.J.

The sole issue for this court's consideration is whether plaintiff, Don Ristroph's, motion for judgment seeking invalidation of a bond issuance is perempted as a matter of law. Finding plaintiff timely exercised his right to challenge the bond issuance, we reverse and remand.

Facts and Procedural History

The undisputed facts establish that on February 7, 2006, and May 8, 2006,...

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