FOR IMMEDIATE NEWS RELEASE  

 

NEWS RELEASE # 43

FROM : CLERK OF SUPREME COURT OF LOUISIANA

The Opinion handed down on the 6th day of June, 2003 , is as follows:

BY KIMBALL, J. :

2002-CA- 2799 EAST BATON ROUGE PARISH SCHOOL BOARD AND CALCASIEU PARISH SCHOOL BOARD v. MURPHY J. "MIKE" FOSTER , JR., IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF LOUISIANA, JOHN NEELY KENNEDY, IN HIS OFFICIAL CAPACITY AS TREASURER OF THE STATE OF LOUISIANA, CECIL J. PICARD, IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT OF EDUCATION FOR THE STATE OF LOUISIANA (Parish of E. Baton Rouge)

The trial court's judgment granting Plaintiffs' request for a permanent injunction prohibiting Defendants from distributing to any entities other than the public school systems of the state or the State Department of Education on behalf of the public schools systems of the state those funds held in the state treasury totaling $17,444,859.00 and itemized in Exhibit A to response to plaintiffs' petition for injunction relief and application for temporary restraining order by John Neely Kennedy in his capacity as Treasurer of the State of Louisiana is affirmed. Similarly, the trial court's judgment declaring Act 26 unconstitutional to the extent that it calls for distribution of the funds which are subject to the permanent injunction to any schools or entities other than the public school systems of the State of Louisiana or to the State Superintendent of Education on behalf of those public school systems is affirmed.

AFFIRMED.

VICTORY, J., dissents and assigns reasons.

TRAYLOR, J., dissents for reasons assigned by Weimer, J.

WEIMER, J., dissents and assigns reasons.