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VERMILION PARISH v. CITY OF ABBEVILLE

No. 12-581.

103 So.3d 1195 (2012)

VERMILION PARISH HURRICANE FLOOD PROTECTION & DRAINAGE DISTRICT v. CITY OF ABBEVILLE.

Court of Appeal of Louisiana, Third Circuit.

November 7, 2012.

Attorney(s) appearing for the Case

James Isaac Funderburk , Funderburk & Herpin, Abbeville, LA, for Defendant Appellee, City of Abbeville.

Paul Gonsoulin Moresi, III , Attorney at Law, Abbeville, LA, for Plaintiff Appellant, Vermilion Parish Hurricane Flood Protection & Drainage District.

Court composed of JOHN D. SAUNDERS, MARC T. AMY, and J. DAVID PAINTER, Judges.

SAUNDERS, Judge.

This is a case where a district created by a parish policy jury attempted to call to election an ad valorem tax which would include the land located within a municipality. The municipality's city charter prohibits the police jury from taxing within its municipal limits unless for specified purposes. The ad valorem tax was not for one of those specified purposes.

The trial court held that the district could not call the election due to prohibition...

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