[StBernard] State fined?

[Westley Annis]

"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."


That's interesting to hear. I was wondering if this
would also apply to Road Home Elevation Grants that
were given to those that closed early in the game, but
now are on hold...Seems like everyone should be given
the same options.


EH

-----------------------------------------------------

> 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