DEER ENTERPRISES LLC LOUISIANA LIABILITY COMPANY v. PARISH COUNCIL OF WASHINGTON PARISH (2012)

I concur in the result, believing it is unnecessary to decide the constitutional issues ¹ because this matter can be resolved statutorily based on the reasons cited in my dissent in Sabine Parish Police Jury v. Commissioner of Alcohol & Tobacco Control, 04–1833 (La.4/12/05), 898 So.2d 1244, 1259–60 (Weimer, J., dissenting).

FOOTNOTES

FN1. “[C]ourts should refrain from reaching or determining the constitutionality of legislation unless, in the context of a particular case, the resolution of this is essential to the decision of the case or controversy.”  Rogoz v. Tangipahoa Parish Council, 08–2789, p. 5 (La.1/30/09), 21 So.3d 923, 925, citing Cat's Meow v. City of New Orleans, 98–0601, pp.  16–17 (La.10/20/98), 720 So.2d 1186, 1199..  FN1. “[C]ourts should refrain from reaching or determining the constitutionality of legislation unless, in the context of a particular case, the resolution of this is essential to the decision of the case or controversy.”  Rogoz v. Tangipahoa Parish Council, 08–2789, p. 5 (La.1/30/09), 21 So.3d 923, 925, citing Cat's Meow v. City of New Orleans, 98–0601, pp.  16–17 (La.10/20/98), 720 So.2d 1186, 1199.