NEWS RELEASE # 044
OF SUPREME COURT OF LOUISIANA
On the 15th
day of May, 1998 , the following action
was taken by the Supreme Court of Louisiana in the
case(s) listed below:
SENATOR J. LOMAX "MAX" JORDAN VS. LOUISIANA GAMING
CONTROL BOARD AND MURPHY J. "MIKE" FOSTER, JR. C/W
- 1133 SENATOR
RONALD C. BEAN VS. LOUISIANA GAMING CONTROL AND
BOARD AND RIVERGATE DEVELOPMENT CORP . (Parish
of East 98-C - 1134 Baton Rouge)
For the foregoing
reasons, we affirm the portion of the court of appeal
judgment that concludes that the Louisiana Gaming
Control Board has the independent authority to renegotiate
and execute the casino operating contract without
seeking gubernatorial or legislative approval. However,
we vacate that portion of the court of appeal's judgment
that purports to interpret the legislature's power
to set aside the contract under La. R.S. 27:224(D).
Finally, we order that any application for rehearing
must be filed not later than seventy-two hours after
the rendition of this opinion.
PART; REVERSED IN PART.
- not on panel. Rule IV, Part 2, §3.
J. - dissents and assigns reasons.