Vermillion Parish Police Jury v. Med-Express Ambulance Service, Inc.
Vermillion Parish Police Jury v. Med-Express Ambulance Service, Inc.
Opinion of the Court
The Vermillion Parish Police Jury invokes the appellate jurisdiction of this court pursuant to La. Const, art. V, § 5(D), on the ground that the district court declared a portion of Parish Ordinance No.2001-0-15 unconstitutional.
A review of the district court’s judgment indicates that although the district court purported to declare the portion of the ordinance unconstitutional, the court’s ruling was in fact based on a determination that the penalty provisions of the ordinance “violate the express provisions of La.Rev.Stat. § 33:1243(A)(1)
Accordingly, it is ordered that the appeal be transferred to the court of appeal for its consideration on the merits.
. The ordinance provides for a $1000 per day penally. La. R.S. 33:1243(A)(1) provides that the maximum penalty which may be imposed for violation of a parish ordinance in the a parish the size of Vermillion Parish "shall be a fine of five hundred dollars and imprisonment of thirty days in the parish jail."
Reference
- Full Case Name
- VERMILLION PARISH POLICE JURY v. MED-EXPRESS AMBULANCE SERVICE, INC.
- Status
- Published