PARISH OF ST CHARLES THROUGH THE DEPARTMENT OF PLANNING AND ZONING v. WANDA FONTENOT WIFE OF AND DOUGLAS BORDELON AND SOUTHERN CRANE SERVICES INC ON SUPERVISORY WRITS TO THE COURT OF APPEAL FIFTH CIRCUIT PARISH OF ST CHARLES (2011)

The court of appeal's ruling is vacated and the ruling of the trial court is reinstated.  Louisiana Revised Statute 9:5625(A)(3) clearly states, “With reference to violations of use regulations all such actions ․ must be brought within five years from the date the parish ․ first had been actually notified in writing of such violation.”   The statute further states, “The provisions of this Section shall supersede any other provisions of law inconsistent herewith.”  La. R.S. 9:5625(E).   The Parish received written notice of the violation in 1999 and did not file suit until 2007.   Thus, the action is prescribed under La. R.S. 9:5625(A)(3).

COURT OF APPEAL RULING VACATED;  RULING OF TRIAL COURT IS REINSTATED.

Victory, J., concurs in result.

FOOTNOTES

FOOTNOTE.  

PER CURIAM * FN*.  Kimball, C.J., not participating.