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

Supreme Court of Louisiana February 2, 2006

Smart Growth Tammany, Inc. v. St. Tammany Parish Government, 922 So. 2d 1154 (La. 2006)

2006 La. LEXIS 399; 2006 WL 848105

Appeal, Deny, Have, Johnson, Remedy

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.

Reference

Full Case Name: SMART GROWTH TAMMANY, INC., Theodore F. Barkerding, Jr., Jonathan Bachrack, Charles Morse, and Andrew Varvoutis v. The ST. TAMMANY PARISH GOVERNMENT
Status: Published