[StBernard] State fined?

Westley Annis westley at da-parish.com
Fri Jun 29 22:45:52 EDT 2007


No, a parish or city government cannot fine the State. All they can do is
request the State to take proper responsibility.

Also, this is potentially opening up a "legal pandora's box." Under the
U.S. Constitution everyone has rights that fall under the "equal protection
clause." Among its many implications, everyone (or every entity for that
matter) has to be treated "equally" - that's the key word.

Therefore, a legal issue can be raised where it is unlawful for the parish
government to fine individual property owners for not cutting their grass,
but not the State. See where this is going? Property owners who have been
or would be fine would certainly have an argument. Based on the Equal
Protection clause of the constitution all parties (individual property
owners and State owned property) must be treated alike.

This is one I'll leave the rest of the way for the constitutional lawyers.

- John Scurich


-----Original Message-----
Will the Parish fine the state for the properties they have bought from
people (LRA/Road Home)? There are 3 houses by me that the grass is almost to
the roof tops. The state has bought them and have NEVER cut the lawns. Now
what happens? Will they be fined or are they out of money for that too?

#34





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