Louisiana Supreme Court to Decide Future of Local Land Use Control
A high-stakes legal battle in Louisiana will determine whether local communities retain control over land use decisions or if courts can second-guess them. The state’s Supreme Court is reviewing a Fifth Circuit ruling that struck down a local approval for an ethane pipeline connection in St. James Parish. The outcome could reshape how land use disputes are handled across Louisiana.
The dispute began when the Fifth Circuit Court of Appeal overturned a local decision allowing an ethane pipeline connection in St. James Parish. Under Louisiana law, courts are only meant to intervene if local rulings are 'arbitrary or capricious'. Instead, the Fifth Circuit applied a stricter 'de novo' review, effectively re-examining the case from scratch rather than deferring to local expertise.
The Louisiana Supreme Court’s ruling will clarify whether local governments maintain their traditional authority over land use or if courts can intervene more freely. A decision to reinstate the trial court’s ruling would restore the deferential standard, limiting judicial interference in local decisions. If upheld, the Fifth Circuit’s approach could lead to prolonged legal battles, creating instability for businesses and communities alike.
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