First Circuit Court of Appeal Overturns State Police Fine Schedule

Bankston & Associates, representing a towing and storage facility, successfully challenged the operations of State Police in imposing fines on those who conduct towing and storage businesses in Louisiana. In a unanimous decision, the First Circuit Court of Appeal determined the Schedule of Fines utilized by State Police and set forth in Louisiana Administrative Code 55:I.1907(A)(4) to be invalid due to an unconstitutional delegation of legislative authority to the Office of State Police. The First Circuit Court of Appeal enjoined State Police from further enforcement of the fines.

To view the Louisiana First Circuit Court of Appeal ruling, visit: http://www.la-fcca.org/opiniongrid/opinionpdf/2018%20CA%200056%20Decision%20Appeal.pdf

LA Supreme Court Strikes Down Statutes as an Illegal Legislative Delegation

Bankston & Associates, representing a group of rice farmer challenged the operations of the Louisiana Rice Research and Promotion Boards.  In a unanimous decision the Supreme Court struck down sections of the law, holding that the legislature illegally delegated authority to the Boards.

To view the Louisiana Supreme Court ruling, visit http://www.lasc.org/opinions/2013/13CA1106cw13CA1448.opn.pdf