The La. Supreme Court reversed lower state courts, upholding a La...
The La. Supreme Court reversed lower state courts, upholding a Lafayette city bond ordinance meant to raise $125 million for the Lafayette Utility System (LUS) municipal fiber broadband network. The state’s top court said lower courts incorrectly applied to…
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the Lafayette ordinance a La. Local Govt. Fair Competition Act cross-subsidy ban. The court (Case 2006-C-2227) said the ban doesn’t kick in until a municipality starts running its network. The top court said the bonding ordinance fully complies with the law’s requirements on bond financing of municipal utility projects. It said the lower courts incorrectly applied the law’s cross- subsidy bans on the Lafayette project’s operational phase to the bonding phase. It dismissed all other claims in plaintiff Elizabeth Naquin’s challenge to the bond ordinance, saying they were based on the inapplicable statute.