§ 4-33. Appeals to courts.  


Latest version.
  • (a)

    Any party aggrieved by a decision of the council to withhold, suspend, or revoke a permit may, within ten (10) days of the modification of the decision take a devolutive appeal to the district court having jurisdiction of the applicant's or permittee's place of business, proposed or actual as the case may be. Such appeals shall be filed in the district court in the same manner as original suits are instituted therein. The appeals shall be tried de novo. Either party may amend and supplement his pleadings and additional witnesses may be called and heard.

    (b)

    Within ten (10) calendar days of the signing of the judgment by the district court in any such appeal case, the council or the applicant for a permit or permittee, as the case may be, may devolutively appeal the judgment to the appellate court of proper jurisdiction. These appeals shall be perfected in the manner provided for in civil cases and shall be devolutive only. If the district court determines that the decision of the council in withholding, suspending or revoking the permit was in error, the decision of the council shall not be voided if the council takes a suspensive appeal to the Court of Appeals in the time provided for suspensive appeals.

(Ord. No. 103, § 35, 6-12-69)

State law reference

Similar provisions, R.S. 26:104, 26:302.