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Title: COURT MAY NOT INTERFERE WITH EXERCISE OF MUNICIPAL LEGISLATIVE DISCRETION OR SUBSTITUTE ITS JUDGMENT FOR THAT OF LEGISLATIVE ACTION EXCEPT WHERE LEGISLATIVE ACTION IS SO ARBITRARY AND CAPRICIOUS AS TO BE UNREASONABLE
Accession Number: 00238710
Record Type: Component
Abstract: ACTION WAS INITIATED TO ENJOIN CONSTRUCTION OF TWO PARALLEL HIGHWAY BRIDGES OVER CROSS LAKE AS A PART OF INTERSTATE 220, A LIMITED-ACCESS BYPASS AROUND SHREVEPORT. CROSS LAKE HAD BEEN DEDICATED AS A CITY WATER SUPPLY RESERVOIR. RELIEF WAS DENIED AND PLAINTIFFS-APPELLANTS APPEALED. THE COURT OF APPEALS AFFIRMED THIS JUDGMENT AND DENIED REHEARING HOLDING THAT THE CITY AND DEPARTMENT OF HIGHWAYS DID NOT ABUSE DISCRETION, AND THEIR DECISION TO PERMIT CONSTRUCTION OF HIGHWAY BRIDGE OVER THE LAKE WAS NOT ARBITRARY AND CAPRICIOUS. THE PARAMOUNT QUESTION WAS WHETHER THE PROPOSED BRIDGE CONSTRUCTION WAS SO INCONSISTENT WITH THE DEDICATION OF CROSS LAKE AS A WATER RESERVOIR TO THE CITY OF SHREVEPORT AS TO BE INCOMPATIBLE. THE POSSIBILITY OF POLLUTION OR CONTAMINATION OF THE CITY'S WATER SUPPLY WAS ARGUED. IT IS PRESUMED THAT A MUNICIPAL LEGISLATIVE ACT IS VALID AND THE BURDEN OF PROVING THE CONTRARY IS ON HIM WHO ASSERTS ITS INVALIDITY OR NULLITY. ANOTHER PRESUMPTION CONCERNS A QUESTION AS TO WHETHER THE ACTION OF THE TRIAL COURT WAS AN ABUSE OF ITS DESCRETION IN DECIDING THAT THE PROPOSED CONSTRUCTION WAS NOT INCONSISTENT WITH THE USE OF CROSS LAKE AS A WATER RESERVOIR FOR THE CITY OF SHREVEPORT. THE RULE INVOLVED IS KNOWN AS THE DOCTRINE OF MANIFEST ERROR. THE COURT OF APPEALS FOUND NO MANIFEST ERROR IN THE TRIAL COURT'S JUDGMENT AND AFFIRMED THE JUDGMENT OF THE TRIAL COURT TO THE EFFECT THAT THERE WAS NO BASIS FOR CONCLUDING THERE WAS AN ABUSE OF DISCRETION VESTED IN THE CITY COUNCIL AND DEPARTMENT OF HIGHWAYS IN SELECTING A ROUTE FOR A PROPOSED HIGHWAY BRIDGE CONSTRUCTION. HUNTER V. CITY OF SHREVEPORT, 216 SO. 2D 140, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, OCTOBER 31, 1968.
Supplemental Notes: Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved.
Pagination: pp 4-6
Publication Date: 1969-6
Serial: Media Type: Digital/other
TRT Terms: Identifier Terms: Old TRIS Terms: Subject Areas: Highways; Law
Files: TRIS, TRB
Created Date: Aug 25 1994 12:00AM
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