Greater New Orleans Expressway Commission v. Olivier, et al.

Greater New Orleans Expressway Commission v. Olivier, et al.
(January 2005)

Thomas P. Anzelmo and Burgess McCranie brought suit on behalf of the Greater New Orleans Expressway Commission seeking a writ of mandamus to require the judges of First Parish Court for the Parish of Jefferson to enforce La. R.S. 32:57(G). In response to the mandamus action the judges challenged the constitutionality of La. R.S. 32:57(G). The trial court initially determined that the judges had standing to challenge the constitutionality of the statute and found it to be unconstitutional. On appeal to the Louisiana Supreme Court determined that the judges lacked standing to challenge the statute and vacated the trial court’s ruling. Greater New Orleans Expressway Commission v. Olivier, 2005 WL 106498 (La. 2005). After the Louisiana Supreme Court rendered its decision the judges issued an order requiring the imposition of the cost mandated by La. R.S. 32:57(G).