Naccari v. Rappelet

Citations

• 119 La. 272
• 44 So. 13
• 1907 La. LEXIS 468

Syllabus

<p>1. Health — Regulations of Boards of Health — Review by Courts.</p> <p>Under the Constitution and laws of the state the power to define and abate nuisances dangerous to the public health is vested in the boards of health of the different parishes and municipalities. This power is legislative in its nature, and the courts have no right to interfere with its exercise except in clear cases of abuse.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 25, Health, § 9.]</p> <p>2. Same.</p> <p>The police jury is without authority to modify or nullify an ordinance adopted by the board of health of the parish.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 25, Health, § 7.]</p> <p>3. Same — Ereect or Ordinance.</p> <p>Where the board of health passed an ordinance declaring the use of fish and shrimp-shell refuse as á fertilizer to be a nuisance dangerous to public health, the question whether such fertilizers can be safely used during the winter months is concluded by the ordinance, where it does not clearly appear that the action of the board was arbitrary.</p> <p>[Ed. Note. — Por cases in point, see Cent. Dig. vol. 25, Health, §§ 29-31.]</p> <p>(Syllabus by the Court.)</p>