Holthus v. Louisiana State Racing Commission
Cases that cite this one
5 later published cases cite this decision.
- Coastal Drilling Company, L.L.C. v. Barry J. Dufrene, in His Capacity as Director of St. Mary Parish Sales and Use Tax Department and Ex-Officio Tax Collector for St. Mary Parish (La. 2016)
- Vicksburg Healthcare, LLC v. State Ex Rel. Department of Health & Hospitals (La. Ct. App. 2011)
- State v. Mouton (La. Ct. App. 1995)
- City of Baton Rouge v. Ross (La. 1995)
- Johnsa v. Edwards (La. Ct. App. 1990)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
ORDER
An appeal of right pertaining to an ordinance may be taken only when the legislative act of a governing authority, a body which exercises the legislative functions of a political subdivision,, has been declared unconstitutional. Benelli v. City of New Orleans, 474 So.2d 1293 (La. 1985).
The Rules of Racing were established by the Racing Commission under the authority of La.Rev.Stat. 4:148. The Racing Commission is not a governing authority which exercises the legislative functions of a political subdivision. Therefore, this court does not have appellate jurisdiction over an appeal from a judgment holding that a portion of the Rules of Racing is unconstitutional.
Accordingly, this appeal is transferred to the Court of Appeal, Fourth Circuit.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.