Supreme Court of Louisiana, 1991

Firefighters' Retirement System v. Landrieu

Firefighters' Retirement System v. Landrieu
Supreme Court of Louisiana · Decided March 8, 1991 · Calogero, Dennis, Lemmon
575 So. 2d 811; 1991 La. LEXIS 664; 1991 WL 33563 (Southern Reporter, Second Series)

Firefighters' Retirement System v. Landrieu

Opinion of the Court

In re Landrieu, Mary L.; — Defendant(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, First Circuit, Number CA90 0564, CA90 0565; Parish of East Baton Rouge 19th Judicial District Court Div. “I” Number 344,097.

Prior report: La.App., 572 So.2d 1175.

Denied.

Dissenting Opinion

CALOGERO, C.J., and DENNIS, J.,

would grant. The State Treasurer argues very persuasively that the funds in question are not funds “received ... by retirement system funds”, La.Cons. Art. VII § 9(A)(4) and are therefore not excepted from the requirement that “money received by the state” must “be deposited immediately upon receipt in the state treasury”. Id. Because of the apparent validity of the Treasurer’s argument, the importance of the state constitutional question involved, and the possible adverse effect upon the fiscal affairs of the state, this Court should grant a writ to review and decide the question after full argument and briefing.

LEMMON, J., recused.

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