113 Louisiana opinions name it 3 courts 1935–2025 5 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Francis v. Morialgreen2 sentences2021VI, §§4 and 5, “a home rule charter government possesses, in affairs of local concern, powers which within its jurisdiction, are as broad as that of the state, except when limited by the constitution or its own home rule charter.” Francis v. Morial, 455 So.2d 1168, 1171 (La. 1984). 2006In Francis v. Morial 455 So.2d 1168 (La. 1984) the Supreme Court at p. 1171 stated: "Consequently, a home rule charter government possesses, in affairs of local concern, powers which within its jurisdiction are as broad as that of the state, except when limited by the constitution, laws permitted by the constitution, or its own home rule charter." LSA-R.S. 33:4530 is just such a law, not only permitted by the constitution but specifically authorized and mandated by the constitution. | 13 | 33 |
City of New Orleans v. Board of Com'rsgreen2 sentences2016CCST’s reliance on City of New Orleans v. Bd. of Commissioners of Orleans Levee Dist., 93-0690 (La.7/5/94), 640 So.2d 237 is misplaced because in that case, the supreme court examined the home rule charter of the City of New Orleans under La. 2016Article VI, § 5 authorizes any such local governmental subdivision to adopt a home rule charter providing for the exercise of any power 'necessary, requisite; or proper for the management of its affairs, not denied by general law or inconsistent with this constitution.’ ” 640 So.2d at 246 . | 3 | 22 |
City of Baton Rouge v. Williamsgreen2 sentences2005R.S. 33:2719(E) gave "greater weight [sic] authority to the Home Rule Charter." She then stated that "[t]he Home Rule Charter appears to be the governing authority in my mind." In City of Baton Rouge v. Williams, 95-0308 (La.10/16/95), 661 So.2d 445 , the Louisiana Supreme Court enunciated the burden of proof that a party must meet to successfully contest a local ordinance adopted pursuant to a home rule charter. 2005The Supreme Court stated: To demonstrate that a home rule municipality's local law abridges the police power of the state, the defendant must show (1) that the local law conflicts with an act of the state legislature, and that (2) the state law is necessary to protect the vital interest of the state as a whole. 661 So.2d at 450 . | 2 | 6 |
Lafourche Parish Council v. Autingreen2 sentences2006VI, § 6 has prohibited the Louisiana Legislature from enacting any law "the effect of which changes or affects the structure and organization or the particular distribution and redistribution of the powers and functions of any local governmental subdivision which operates under a home rule charter." See LaFourche Parish Council v. Autin, 94-0985 (La.12/9/94), 648 So.2d 343, 352 . 1997See the excellent discussion of the historical context for the adoption of the home rule provisions of the 1974 Constitution in Lafourche Parish Council v. Autin, 94-0985 (La. 12/9/94), 648 So.2d 343 ; and City of New Orleans v. Board of Com'rs, 93-0690 (La.7/5/94), 640 So.2d 237 . | 2 | 6 |
CAMPAIGN FOR a LIVING WAGE v. New Orleansgreen2 sentences2022VII, § 25(F).1 Moreover, as noted by the Louisiana Supreme Court in New Orleans Campaign for a Living Wage, the City’s powers are limited by the Louisiana Constitution, the laws permitted by the Louisiana Constitution, and the home rule charter. 2002-0991, p. 7 (La. 9/4/02), 825 So.2d 1098, 1103 (quoting Morial v. Smith & Wesson Corp., 2000-1132, p. 16 (La.4/3/01), 785 So.2d 1, 14 ). 2014New Orleans Campaign for a Living Wage v. City of New Orleans, 2002-0991 (La.9/4/02), 825 So.2d 1098, 1103 (citing Morial v. Smith & Wesson Corporation, 2000-1132 (La.4/3/01), 785 So.2d 1, 14 ; Miller v. Ou-bre, 96-2022 (La.10/15/96), 682 So.2d 231, 236 ; City of New Orleans v. Board of Commissioners of Orleans Levee District, 93-0690 (La.7/5/94), 640 So.2d 237, 244 ; and Francis v. Mortal, 455 So.2d 1168, 1171 (La.1984)). | 2 | 2 |
City of New Orleans v. BOARD OF COM'RS, ORLEANS LEVEE DIST.green2 sentences1994That court concluded that Article VI, § 9(B) of the 1974 state constitution reserves to the legislature the authority to enact laws on any "matter of legitimate state concern" and, in effect, limits the CNO's home rule powers of initiation and immunity to "affairs of local concern" or "purely local affair[s]." City of New Orleans v. Board of Com'rs, 612 So.2d 318, 321 (La. 1993City of New Orleans v. Board of Commissioners, 612 So.2d 318, 321 (La.App. 4th Cir.1993) (citing Francis v. Morial, 455 So.2d 1168, 1171 (La.1984)). | 2 | 2 |
Miller v. Oubregreen2 sentences2002Thus, although "home rule" does not entail complete autonomy, Miller v. Oubre, 96-2022, p. 9 (La.10/15/96), 682 So.2d 231, 236 , "in affairs of local concern, a home rule charter government possesses `powers which within its jurisdiction are as broad as that of the state, except when limited by the constitution, laws permitted by the constitution, or its own home rule charter.'" Smith & Wesson Corp. 00-1132 at p. 16, 785 So.2d at 14 ( quoting Francis v. Morial, 455 So.2d 1168, 1171 (La.1984)). 2002Thus, although "home rule" does not translate into complete autonomy, Miller v. Oubre, 96-2022, pp. 9-10 (La.10/15/96), 682 So.2d 231, 236 , in affairs of local concern, a home rule charter government possesses under the constitution powers which within its jurisdiction are as broad as those of the state, except when limited by the constitution, laws permitted by the constitution, or its own home rule charter. | 1 | 7 |
West v. Allengreen2 sentences2003In West v. Allen, 382 So.2d 924 (La. 1980), the Louisiana Supreme Court held that the classified civil service system established by the Constitution and Revised Statutes, specifically LSA-R.S. 33:2531 et seq., was applicable to firemen and policemen employed by the parish of Jefferson despite the fact that the Parish's general civil service system, operated under the parish's home rule charter, had been carried over by Article 6, Section 4 of the Constitution. 2000In West v. Allen, 382 So.2d 924 (La. 1980), the Louisiana Supreme Court held that the classified civil service system established by the Constitution and Revised Statutes, specifically LSA-R.S. 33:2531 et seq., was applicable to firemen and policemen employed by the parish of Jefferson despite the fact that the Parish's general civil service system, operated under the parish's home rule charter, had been carried over by Article 6, Section 4 of the Constitution. | 1 | 5 |
Fransen v. City of New Orleansgreen2 sentences2014Because the City-Parish is governed by a home rule charter, 1 principles for the determination of the constitutionality of a legislative enactment are equally applicable to the ordinance at issue here. • See Fransen v. City of New Orleans, 2008-0076 (La.7/1/08), 988 So.2d 225, 233-34 . 2013Pr. art. 3862 prohibits the issuance of mandamus against a state agency when “the expenditure of such funds would have the effect of creating a deficit in the funds of said agency....” 121 We recognize that the Louisiana Constitution grants municipalities the power to set up home rule charters, 22 and permits a municipality’s home rule charter to “provide the structure and organization, powers, and functions of the government of the local governmental subdivision, which may include the exercise of any power and performance of any function necessary, requisite, or proper for the management of i | 1 | 3 |
Morial v. Smith & Wesson Corp.green2 sentences2022VII, § 25(F).1 Moreover, as noted by the Louisiana Supreme Court in New Orleans Campaign for a Living Wage, the City’s powers are limited by the Louisiana Constitution, the laws permitted by the Louisiana Constitution, and the home rule charter. 2002-0991, p. 7 (La. 9/4/02), 825 So.2d 1098, 1103 (quoting Morial v. Smith & Wesson Corp., 2000-1132, p. 16 (La.4/3/01), 785 So.2d 1, 14 ). 2002Thus, although "home rule" does not entail complete autonomy, Miller v. Oubre, 96-2022, p. 9 (La.10/15/96), 682 So.2d 231, 236 , "in affairs of local concern, a home rule charter government possesses `powers which within its jurisdiction are as broad as that of the state, except when limited by the constitution, laws permitted by the constitution, or its own home rule charter.'" Smith & Wesson Corp. 00-1132 at p. 16, 785 So.2d at 14 ( quoting Francis v. Morial, 455 So.2d 1168, 1171 (La.1984)). | 1 | 3 |
Coliseum Square Ass'n v. City of New Orleansgreen2 sentences2013R.S. 33:4712(A).” | mLake Terrace Property Owners Ass’n v. City of New Orleans, 567 So.2d 69, 73 (La.1990). 13 • “Under § 3-112(5)(d) of the home rule charter, the Council is empowered to adopt proposed ordinances alienating any immovable property and granting any servitude, franchise or privilege.” Coliseum Square Ass’n v. City of New Orleans, 544 So.2d 351, 359 (La. 1989). 14 • “There are no general or constitutional prohibitions against a home rule entity closing a public street and alienating it for a private purpose- The authority to abandon a public street is inherent in the power of a m 1996Coliseum Square Association v. City of New Orleans, 544 So.2d 351 (La.1989); Hero Lands Co. v. City of New Orleans, 566 So.2d 149 (La.App. 4 Cir. 1990); writ denied, 571 So.2d 647 (La.1990). | 1 | 3 |
Bd. of Com'rs of Orleans Levee Dist. v. Dept. of Natural Resourcesgreen2 sentences2001Our supreme court has stated that "[i]n its exercise of the entire legislative power of the state, the legislature may enact any legislation that the state constitution does not prohibit." Board of Commissioners of Orleans Levee District v. Department of Natural Resources, 496 So.2d 281, 286 (La.1986). 1994Board of Com'rs v. Dept. of Natural Resources, 496 So.2d 281 (La.1986); Francis v. Morial, supra. Accordingly, a litigant claiming that a home rule municipality's local law abridges the police power of the state must show that the local law conflicts with an act of the state legislature that is necessary to protect the vital interest of the state as a whole. | 1 | 3 |
City of New Orleans v. Stategreen2 sentences1997First, whether the parish of Plaquemines' home rule charter provisions are in conflict with Art. 6 § 9 of the constitution i.e. whether they abridge the state's police power as was the case in City of New Orleans v. State, supra ? 1983They are remedial and humanitarian in purpose and must not be interpreted narrowly. 422 So.2d 406 -413 [Brackets added.] [Emphasis added.] [Footnotes omitted.] More recently, in City of New Orleans v. State of Louisiana, 426 So.2d 1318 (La. *1271 1983), the Supreme Court reversed a trial court ruling which had held unconstitutional certain legislative statutes that required the City of New Orleans, a home rule city, to pay salaries of some state employees. | 1 | 3 |
Hildebrand v. City of New Orleansgreen2 sentences2002See also Hildebrand v. City of New Orleans, 549 So.2d 1218,1221 (La.1989). 1991The Louisiana Supreme Court held in Hildebrand v. City of New Orleans, 549 So.2d 1218 (La. 1989) that the City of New Orlean's reservation in its home rule charter of the power to levy any tax not prohibited by or inconsistent with the constitution, authorized the imposition of an inheritance tax. | 1 | 2 |
Reed v. Washington Parish Police Jurygreen2 sentences2001Reed v. Washington Parish Police Jury , 518 So.2d 1044 , 1046 (La. 1988); I. 1998Reed v. Washington Parish Police Jury, 518 So.2d 1044, 1046 (La.1988); I. | 1 | 2 |
Bradford v. City of Shreveportgreen2 sentences1983Therefore, La.R.S. 33:2213, requiring time-and-a-half overtime pay for policemen, applies here. 305 So.2d at 491-492 [Footnote omitted.] [Brackets added.] The city argues that its adoption of a new home rule charter under the 1974 Constitution mandates a result contrary to Bradford , contending that Art. 1977Bradford v. City of Shreveport, 305 So.2d 487 (La.1974). | 1 | 2 |
| Schmitt v. City of New Orleansgreen | 1 | 1 |
Tardo v. Lafourche Parish Councilgreen1 sentence2019In Tardo v. Lafourche Parish Council, 476 So.2d 997, 999 (La.App. 1 Cir. 1985), the First Circuit upheld a trial court’s finding that an ordinance (adopted by the Lafourche Parish Council after the budget without the approval of the Parish President) was invalid because it violated the Parish of Lafourche’s home rule charter mandates. | 1 | 1 |
| DAIQUIRI CAFE SHERWOOD INC. v. Parish of E. Baton Rougegreen | 1 | 1 |
| Johnson v. Cartergreen | 1 | 1 |
| City of Baton Rouge v. Hebertgreen | 1 | 1 |
| Giambelluca v. Parish of St. Charlesgreen | 1 | 1 |
| LAKE TERRACE PROP. OWNERS ASS'N v. City of New Orleansgreen | 1 | 1 |
| City of Baton Rouge v. Douglasred | 1 | 1 |
| State v. Wilkensgreen | 1 | 1 |
| State v. Kaliegreen | 1 | 1 |
| State Ex Rel. Kemp v. City of Baton Rougegreen | 1 | 1 |
| New Orleans Pub. Serv. Inc. v. City Council of New Orleansgreen | 1 | 1 |
| Bayou Cane Volunteer Fire Dept. v. TERREBONNE PARISH CONSOLIDATED GOVT.green | 1 | 1 |
| Midboe v. Com'n on Ethics for Pub. Empl.green | 1 | 1 |
| City of Baton Rouge v. Mahnkengreen | 1 | 1 |
| Bd. of Dir. of La. Recovery Dist. v. All Taxpayers, Property Owners, and Citizens of Stategreen | 1 | 1 |
| Logan v. Louisiana Dock Co., Inc.green | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
La Fleur v. City of Baton Rouge
green
2 sentences1994The case of La Fleur v. City of Baton Rouge, supra , distinguished matters of "structure and organization" from the exercise of "powers and functions," and reserved all matters of "structure and organization" to the home rule entity. [14] La Fleur confronted these issues while analyzing the scope of a provision in the charter of the City of Baton Rouge constitutionalized in Art. 1984In the case of Lafleur v. City of Baton Rouge, 124 So.2d 374 (La.App. 1st Cir. 1960), we held that R.S. 33:1992 did not apply to the City of Baton Rouge because of the city's home rule charter. | 7 | 1969–1994 |
City of Shreveport v. Chanse Gas Corp.
green
2 sentences2006VI, §§ 5 and 6 "plainly show that a municipality operating under a home rule charter possesses power as broad as that exercised by the State, except where limited by the Constitution, by laws permitted by the Constitution, and the charter itself." City of Shreveport v. Chanse Gas Corp., 34,958, p. 9 (La.App. 2 Cir. 8/22/01), 794 So.2d 962, 970 , citing Francis v. Morial, 455 So.2d 1168 (La.1984). 2005Francis v. Morial, 455 So.2d 1168 (La. 1984); City of Shreveport v. Chanse Gas Corp., 34,959 (La.App. 2 Cir. 8/22/01), 794 So.2d 962 ; Miller v. Oubre, 96-2022 (La. 10/15/96), 682 So.2d 231 ; Attorney General's Op. No. 02-0267. | 4 | 2002–2006 |
Rollins Environmental Serv. v. Iberville Parish
green
2 sentences1992However, as aptly pointed out by Justice Tate in his concurrence in Rollins, supra, this statement regarding the limited powers of police juries only applies when a police jury and local governmental authority has not adopted a home rule charter or by vote of the electorate been empowered to exercise all powers not denied by statute or the constitution. 1983As pointed out in the concurring opinion of Justice Tate in Rollins, supra, a home rule local governing authority such as the Parish of Plaquemines can exercise all powers not denied by statute or the constitution. | 4 | 1983–2002 |
ST. JOHN THE BAPTIST PARISH ASS'N v. Brown
neutral
2 sentences2005John the Baptist Parish Association of Educators v. Brown, 465 So.2d 674 (La. 1985), the Louisiana Supreme Court held that unless a proposition or question was specifically authorized by the Louisiana Constitution, law or a home rule charter, such elections were prohibited. 1994John the Baptist Parish Association of Educators v. Brown, 465 So.2d 674 (La. 1985), the Louisiana Supreme Court held that unless a proposition or question was specifically authorized by the Louisiana Constitution, law or a home rule charter, such elections were prohibited. | 3 | 1986–2005 |
Hero Lands Co. v. City of New Orleans
green
2 sentences2013Charles, 96-364, p. 11 (La.App. 5 Cir. 1/14/96), 687 So.2d 423, 428 (citing Hero Lands, supra.) • Under the Charter, City Council has the power to “regulate the physical development of the city,” which includes the inherent power to close an intersection. 1996Coliseum Square Association v. City of New Orleans, 544 So.2d 351 (La.1989); Hero Lands Co. v. City of New Orleans, 566 So.2d 149 (La.App. 4 Cir. 1990); writ denied, 571 So.2d 647 (La.1990). | 2 | 1996–2013 |
New York v. Harris
green
2 sentences1999We granted the state's application not to review the exercise of the trial court's factfinding discretion but to consider its ruling in light of New York v. Harris, 495 U.S. 14, 21 , 110 S.Ct. 1640, 1644-45 , 109 L.Ed.2d 13 (1990), which held that "where the police have probable cause to arrest a suspect, the exclusionary rule does not bar the State's use of a statement made by the defendant outside of his home, even though the statement is taken after an arrest made in the home in violation of Payton." See also State v. Galliano, 96-1736, pp. 13-14 (La.App. 1st Cir.6/20/97), 696 So.2d 1043, 1 1999We granted the state's application not to review the exercise of the trial court's factfinding discretion but to consider its ruling in light of New York v. Harris, 495 U.S. 14, 21 , 110 S.Ct. 1640, 1644-45 , 109 L.Ed.2d 13 (1990), which held that "where the police have probable cause to arrest a suspect, the exclusionary rule does not bar the State's use of a statement made by the defendant outside of his home, even though the statement is taken after an arrest made in the home in violation of Payton." See also State v. Galliano, 96-1736, pp. 13-14 (La.App. 1st Cir.6/20/97), 696 So.2d 1043, 1 | 2 | 1997–1999 |
City of Baton Rouge v. Ross
green
2 sentences1997City of Baton Rouge, 654 So.2d at 1318-19 . 1997R.S. 14:143 as a constitutional exercise of legislative authority only if narrowly construed, “since an expansive reading of the preemptive scope of the statute might ‘impermissibly infringe upon the local affairs of a home rule government’ [cites omitted].” Ross , p. 14, 654 So.2d at 1320 . | 2 | 1997–1997 |
Revere v. Revere
green
2 sentences1992This section requires that for the best interest test to be met, Texas must have a “significant connection” with the child, have at least one parent or contestant residing there, and have available “substantial evidence concerning the child’s present or future care, protection, training, and personal relationships.” As noted by the Louisiana Supreme Court in Revere v. Revere, 389 So.2d 1277 (La.1980), the significant connection standard is more flexible than the home state standard. 1985As noted by the Louisiana Supreme Court in Revere v. Revere, 389 So.2d 1277 (La.1980), the significant connection standard is more flexible than the home state standard. | 2 | 1985–1992 |
Ruby v. City of Shreveport
green
2 sentences1989In Ruby, supra, the Second Circuit held that the home rule charter of Shreveport must yield to the state’s plenary power to legislate minimum wages, working conditions, and retirement benefits for municipal policemen, and thus a cause of action was stated for overtime pay. 1983We held in the recent case of Ruby v. City of Shreveport, 427 So.2d 1267 (La. | 2 | 1983–1989 |
Letellier v. Jefferson Parish
green
2 sentences1983Article VI, Section 6, of the Louisiana Constitution provides that: “The legislature shall enact no law the effect of which changes or affects the structure and organization or the particular distribution and redistribution of the powers and functions of any local governmental subdivision which operates under a home rule charter.” Mr. DeFrances has specifically called the Court’s attention to that portion in' the Constitutional Convention records referring to the terms “powers”, “functions” and “structure” and “organization” as being given the same definitions as given by the court in the case 1983Article VI, Section 6, of the Louisiana Constitution provides that: “The legislature shall enact no law the effect of which changes or affects the structure and organization or the particular distribution and redistribution of the powers and functions of any local governmental subdivision which operates under a home rule charter.” Mr. DeFrances has specifically called the Court’s attention to that portion in' the Constitutional Convention records referring to the terms “powers”, “functions” and “structure” and “organization” as being given the same definitions as given by the court in the case | 2 | 1974–1983 |
Town of Sterlington v. Greater Ouachita Water Co.
neutral
1 sentence2025App. 2 Cir. 4/10/19), 268 So. 3d 1257 , writ denied, 19-00913 (La. 9/24/19), 279 So. 3d 386 , and writ denied, 19-00717 (La. 9/24/19), 279 So. 3d 931 . 5 A home rule charter shall be adopted, amended, or repealed when approved by a majority of the electors voting thereon at an election held for that purpose. | 1 | 2025–2025 |
City of Baton Rouge/Parish of East Baton Rouge v. Myers
green
1 sentence2024Myers, 145 So. 3d at 327 . | 1 | 2024–2024 |
Roy v. Alexandria City Council
green
1 sentence2023Roy, 2007- 1322, pp. 3-4, 984 So.2d at 194-95 . | 1 | 2023–2023 |
| Vieux Carre Property Owners & Associates, Inc. v. City of New Orleans green | 1 | 2019–2019 |
| Lafayette City Gov. v. Lafayette Mun. Bd. neutral | 1 | 2019–2019 |
| City of Baton Rouge v. Bethley neutral | 1 | 2019–2019 |
| Concerned Classified City Employees, Inc. v. Civil Service Commission neutral | 1 | 2019–2019 |
| Beck v. Ohio green | 1 | 2017–2017 |
| State ex rel. Red v. Blackburn neutral | 1 | 2016–2016 |
| City of Baton Rouge v. Bernard neutral | 1 | 2010–2010 |
| City of Baton Rouge v. Douglas red | 1 | 2010–2010 |
| City of Baton Rouge v. Bernard neutral | 1 | 2010–2010 |
| Sobolewski v. Brown green | 1 | 2009–2009 |
| Horseshoe Entertainment v. Bossier Parish Police Jury green | 1 | 2006–2006 |
| BD. OF ASS'RS. OF NEW ORLEANS v. New Orleans green | 1 | 2006–2006 |
| City of Donaldsonville v. State green | 1 | 2006–2006 |
| Fowler v. Blount green | 1 | 2006–2006 |
| MERRITT McDONALD v. PARISH OF EAST BATON neutral | 1 | 2003–2003 |
| Charter Commission of Alexandria v. Karst neutral | 1 | 2003–2003 |
| Javers v. Council of City of New Orleans neutral | 1 | 2002–2002 |
| City of Lafayette v. Delhomme Funeral Home neutral | 1 | 2001–2001 |
| Pappy's Investment Group of Lake Charles, Inc. v. City of Lake Charles green | 1 | 2001–2001 |
| King v. Caddo Parish Com'n green | 1 | 2000–2000 |
| State v. Galliano green | 1 | 1999–1999 |
| Whren v. United States green | 1 | 1999–1999 |
| Varnado v. Southern University green | 1 | 1999–1999 |
| State v. Suire green | 1 | 1997–1997 |
| State v. Foy green | 1 | 1997–1997 |
| AMERICAN WASTE AND POLLUTION CONTROL CO v. St. Martin Parish Police Jury green | 1 | 1996–1996 |
| Ratcliff v. Boydell neutral | 1 | 1996–1996 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.