Paillot v. Wooton

Supreme Court of Louisiana
Paillot v. Wooton, 552 So. 2d 370 (La. 1989)
1989 La. LEXIS 2817; 1989 WL 142425
Lemmon, Marcus

Paillot v. Wooton

Opinion of the Court

In re Wooton, Ernest; Petrovich, Luke A.; Dickinson, Larry; —Defendant(s); applying for supervisory and/or remedial writs; to the Court of Appeal, Fourth Circuit, No. 89CW-2148; Parish of Plaque-mines, 25th Judicial District Court Div. “A” No. 33-514.

Stay order denied. Writ denied. The constitutionality of the ordinance will be determined in No. 89-CC-2685.

Concurring Opinion

MARCUS, J.,

concurs. La.R.S. 33:4786-33:4787 require notice and hearing before the parish council prior to revocation and suspension of a permit. I am of the opinion that the parish council may proceed under these statutes pending appeal in this Court.

Concurring Opinion

LEMMON, J.,

concurs, but notes that this Court’s action does not preclude parish authorities, during the pendency of the appeal in No. 89-CC-2685, from proceeding to revoke the license under any other ordinance or statute which affords due process to the plaintiff.

Reference

Full Case Name
Tanya PAILLOT, d/b/a Olde Saloon v. Ernest WOOTON, in His Capacity as Sheriff of Plaquemines Parish, Luke Petrovich, in His Capacity as Plaquemines Parish President and Larry Dickinson, Commission of the Office of Alcoholic Beverage Control
Status
Published