MUNICIPAL ORDINANCE - LOUISIANA

Rand v. City of New Orleans

Supreme Court of Louisiana - December 6, 2017 - So.3d - 2017 WL 6047514 - 2017-0596 (La. 12/6/17)

Motorists who received notices of violations of an automated traffic enforcement system brought action against the city alleging that ordinances that created system denied them due process and access to the courts in violation of the State Constitution.

Following a bench trial, the District Court entered a declaratory judgment in favor of motorists. City appealed.

The Supreme Court of Louisiana held that motorists, whose citations were dismissed after ordinances were amended, lacked any continuing justiciable interest in the action, and thus their claims were moot.

Motorists, who received notices of violations of an automated traffic enforcement system, lacked any continuing justiciable interest in their petition against the city alleging that the ordinances that created system denied them due process and access to the courts, and thus their claims were moot. City significantly amended ordinances after motorists received their citations and filed their petition, which essentially delivered the appeals procedures that motorists sought, there was no reasonable expectation that the city would reenact the previous system, and the citations of which motorists complained in their petition were dismissed prior to the amendments.



Copyright © 2024 Bond Case Briefs | bondcasebriefs.com