City wins appeal on junk rule

Dispute over ordinance sent back to court

Amanda McElfresh • amcelfresh@theadvertiser.com • December 6, 2008

The Louisiana Supreme Court has struck down a lower court ruling that said Lafayette Consolidated Government's junked vehicle ordinance is unconstitutional.

Earlier this year, 15th Judicial District Judge Ed Rubin said the ordinance was unconstitutional, specifically raising concerns about the hearing procedure for those contesting citations and the possible subjectivity of the ordinance.

The issue came to Rubin after Lafayette resident George Phillips Jr. filed a lawsuit after LCG removed four vehicles from his Tessington Street property in June 2006. Under the ordinance, city-parish officials can remove wrecked or inoperable vehicles from properties if the owner fails to do so.

In the lawsuit, Phillips maintained that the vehicles that were removed were drivable, in good condition and did not appear junked.

In its opinion, the state Supreme Court said that the specific facts of Phillips' case should have been considered first before the constitutionality of the ordinance was questioned.

"The trial court's consideration of Mr. Phillips' allegations should have started with application of the junked vehicle ordinance to the facts at hand," the opinion stated. "A determination of the constitutional issues raised in the alternative by Mr. Phillips should only be considered after these non-constitutional issues have been resolved."

The matter has been sent back to the 15th Judicial District Court for further review.

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