Silver Dollar Liquor, LLC. v. Red River Parish Police Jury

by
Plaintiff Silver Dollar Liquor, L.L.C. ("Silver Dollar") owns the Silver Dollar Liquor Store located within District 6 of Red River Parish. Silver Dollar filed a declaratory judgment action against Defendant Red River Parish Police Jury ("Police Jury"), seeking to have Section 3-18 declared invalid because there has never been a local option election in District 6 pursuant to La. R.S. 51:191. The Police Jury answered that it had authority under La. R.S. 26:493 to regulate the sale of alcoholic beverages. Relying on La. R.S. 26:493, the appellate court found in favor of the Police Jury, holding Section 3-18 to be valid. Finding the appellate court's decision created a split in the circuits, the Supreme Court granted Silver Dollar's certiorari application to resolve the split. Upon review, the Court surmised the heart of this case involved the interpretation and applicability of La. R.S. 51:191, which requires a local-option election in order to authorize a Sunday-closing law; and La. R.S. 26:493, which delegates to political subdivisions the power to regulate the sale of alcoholic beverages. After review, the Court affirmed the appellate court's decision. View "Silver Dollar Liquor, LLC. v. Red River Parish Police Jury" on Justia Law