Louisiana Revised Statutes 40:2115.16 – Decision; appeal
Terms Used In Louisiana Revised Statutes 40:2115.16
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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.
A.(1) The attorney general shall review the completed application in accordance with the criteria set forth in La. Rev. Stat. 40:2115.17. Within sixty days after receipt of a completed application, the attorney general shall either:
(a) Approve the acquisition, with or without specific modifications.
(b) Disapprove the acquisition.
(2) If the attorney general does not act within sixty days after receipt of an application, the application is deemed approved.
(3) If the attorney general disapproves the acquisition, he shall seek, from a court of competent jurisdiction, within the time allowed, an order enjoining the acquisition. The court shall grant the injunction, following a hearing, if it finds that the acquisition does not substantially comply with the criteria set forth in La. Rev. Stat. 40:2115.17 and 2115.18. In the event that the seller, purchaser, or attorney general disagrees with the court’s decision, they may appeal as otherwise provided by law.
B. Any applicant aggrieved by a final decision of the attorney general may, within thirty days after notification of such action, appeal suspensively to the district court for the parish of East Baton Rouge. A record of all proceedings before the attorney general shall be made and kept on file with the attorney general. The attorney general shall transmit to the district court a certified copy of the record. The district court shall try the appeal de novo.
Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.