Mayor of New Iberia v. Fontelieu
Citations
- 108 La. 460
Syllabus
<p>Syllabus.</p> <p>1. Whilst it is true that the power to impose taxes and local assessments can-only be exercised by municipal corporations when conferred in express terms, or by necessary implication, the power to compel the owners of urban property to construct banquettes in front of the same and to keep them in repair and free from obstruction is not the taxing, but the police power, and may be exercised under more general grants.</p> <p>2. Under provisions of its charter authorizing its board of trustees “to make and pass such resolutions and by-laws and ordinances as may be deemed necessary and proper,” and to “regulate and make improvements to the streets, alleys, sidewalks, public squares, wharves, and other public property and places,” etc., the town of New Iberia may legally require the owners of lots fronting on particular streets to construct and keep in repair the-sidewalks and curbings in front of such lots.</p>
Judges: Application, Blanchard, Breaux, Monroe
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.