From Casetext: Smarter Legal Research

Pellegrin v. City of Gretna

Supreme Court of Louisiana
Jan 12, 1953
222 La. 527 (La. 1953)

Opinion

No. 41044.

January 12, 1953.

Jacob J. Amato, Gretna, for relator.

John E. Fleury and Andrew H. Thalheim, Gretna, for respondent.


We granted writs in this case and issued a stay order, on application of the relator, in order to review the ruling of the trial judge, wherein he refused to issue a preliminary injunction prohibiting the City of Gretna from enforcing a resolution of the Board of Aldermen revoking a liquor permit issued to relator. The attorney for the relator calls our attention to the fact that the license issued, upon which this suit is based, expired on December 31, 1952.

Under the provisions of LSA-R.S. 26:71 the license has expired and the issues presented in this suit have become moot. We take judicial notice of the statutes of this state. Miller v. Molony, 157 La. 811,103 So. 162. The record and the statute show that the question has now become moot and there is no longer any issue to be decided between the litigants. Therefore, this Court, on it sown motion, will dismiss the proceedings. Doss v. Board of Commissioners, 117 La. 450, 41 So. 720; State ex rel. Le Blanc v. Twenty-First Judicial Dist. Democratic Committee, 123 La. 384, 48 So. 1005.

For the reasons assigned, the writs are recalled, the stay order set aside, and the suit is dismissed at relator's cost.


Summaries of

Pellegrin v. City of Gretna

Supreme Court of Louisiana
Jan 12, 1953
222 La. 527 (La. 1953)
Case details for

Pellegrin v. City of Gretna

Case Details

Full title:PELLEGRIN v. CITY OF GRETNA. IN RE PELLEGRIN

Court:Supreme Court of Louisiana

Date published: Jan 12, 1953

Citations

222 La. 527 (La. 1953)
62 So. 2d 824

Citing Cases

Tullos v. Long

This Court on many other occasions has declined to decide moot questions. State v. Hayes, 199 La. 269, 5…

Succession of Washington

It is a well-settled policy of this court that we will not decide moot questions. General Motors Truck Co. of…