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PARISH OF IBERVILLE v. CITY OF ST. GABRIEL

No. 2008 CA 1780.

21 So.3d 955 (2009)

PARISH of IBERVILLE SALES TAX DEPARTMENT v. CITY of ST. GABRIEL, Louisiana.

Court of Appeal of Louisiana, First Circuit.

July 22, 2009.

Attorney(s) appearing for the Case

Russell Stutes, Jr., Lake Charles, LA, for Plaintiff/Appellee, Parish of Iberville Sales Tax Dept.

L. Phillip Canova, Jr., Plaquemine, LA, for Defendant/Appellant, City of St. Gabriel.

Before CARTER, WHIPPLE, PARRO, KUHN, GUIDRY, PETTIGREW, DOWNING, GAIDRY, McDONALD, McCLENDON, HUGHES, and WELCH, JJ.

HUGHES, J.

In this litigation addressing the validity of a municipal sales tax ordinance, the district court issued a permanent injunction against a city, enjoining the collection of the tax. For the reasons that follow, we reverse the district court judgment and dissolve the permanent injunction.

FACTS AND PROCEDURAL HISTORY

On April 18, 1996 the mayor and aldermen of the City of St. Gabriel passed a resolution calling for a special election to...

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