Terms Used In Louisiana Revised Statutes 34:3115

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.

In addition to all other rights herein granted, the authority and the courts shall have the power to assure compliance with the purposes of this Chapter as follows:

(1)  If the authority’s executive director has reasonable cause to believe that there exists a violation of this Chapter or of the authority’s rules and regulations, which could result in irreparable injury to the authority’s operations, the environment, or the public interest, the authority may petition the Civil District Court for the parish of Orleans, or any other court of competent jurisdiction, for appropriate mandatory, injunctive, or other relief pending final adjudication of such matters.

(2)  The authority may issue such orders as the public interest and equities of the case may require, and as may be necessary to effectuate the purposes of this Chapter, including but not limited to: cease and desist orders; revocation of, or other appropriate action affecting, licenses issued by the authority; such affirmative action as may be appropriate; and the imposition of fines not exceeding ten thousand dollars per day.

(3)  Any individual found to be responsible for a violation of this Chapter or the authority’s rules and regulations, whether acting for himself or for others, may be fined not more than ten thousand dollars for each offense.  Each day that a violation occurs constitutes a separate offense.

(4)  In the event that the authority shall determine that any order made by it, and not then the subject of judicial review, is being violated, the authority may institute a civil action in the Civil District Court for the parish of Orleans or any other court of competent jurisdiction, for enforcement of the authority’s order.  The enforcement proceeding shall be confined to the record before the authority.  The court may enforce, remand, reverse or modify the order of the authority.

Added by Acts 1974, No. 358, §13; Acts 2011, No. 207, §10(A).