Maher v. City of New Orleans

FOURNET, Chief Justice

(dissenting).

The Commission Council of the City of New Orleans, availing itself of the provisions of Section 22A of Article XIV of the Constitution of 1921, created and organized the Vieux Carre Commission-composed of architects, persons versed in the historical importance of this section of New Orleans, and outstanding citizens recommended by the curators of the Louisiana State Museum and the Association of Commerce — for the purpose of preserving for the benefit of the people those buildings in the section that are of architectural and historical value, and, to that end, the Commission was given “such powers and duties as the Commission Council of the City of New Orleans shall deem fit and necessary,” within the framework of the further provisions of this section authorizing the Council to create the Vieux Carre Commission.

Under this section the only authority in the matter accorded the Commission Council, other than the creation and organization of the commission as above outlined, is that of taking such action as is necessary to effect reasonable compliance with the Vieux Carre Commission’s recommendations, or to prevent any violation thereof. No where in this section is the Commission Council accorded the right to overrule or reverse these recommendations.

I must, therefore, respectfully dissent.