Supreme Court of Louisiana, 2006

Smart Growth Tammany, Inc. v. St. Tammany Parish Government

Smart Growth Tammany, Inc. v. St. Tammany Parish Government
Supreme Court of Louisiana · Decided February 2, 2006 · Appeal, Deny, Have, Johnson, Remedy
922 So. 2d 1154; 2006 La. LEXIS 399; 2006 WL 848105 (Southern Reporter, Second Series)

Smart Growth Tammany, Inc. v. St. Tammany Parish Government

Opinion of the Court

In re Smart Growth Tammany Inc. et al.; Barkerding, Theodore F. Jr. et al.; Bachrack, Jonathan; Morse, Charles; Varvoutis, Andrew; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. H, No. 2006-10168; to the Court of Appeal, First Circuit, No. 2006 CW 0172.

Granted. Because La.Code Civ P. art. 3612 is permissive in nature, it does not mandate an appeal to seek review of judgments relating to a preliminary injunction. Accordingly, the case is remanded to the court of appeal for consideration on the merits pursuant to its supervisory jurisdiction.

JOHNSON, J., would deny. Relator will have an adequate remedy on appeal.

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