Wednesday, May 24, 2006

LPUA rule-setting meeting Thursday

Just so you know: The Advocate reports that the LPUA will meet Thursday night to approve rules for appealing LUS rate increases.

On Monday, Rubin ordered the authority— which governs LUS and is made up of the five city-parish councilmen who represent mostly city districts — to decide the plaintiff’s complaint within 21 days.

Rubin said he will take up the matter again once the authority has decided.

It's more than a little hard to understand what Rubin is up to here. A ruling on the merits of the extortionist's plaintiff's case has no logical connection to whether or not the bonds can be blocked. The bond question will have to be decided regardless of which way the LPUA rules and does not depend on the findings of a hearing; in addition, the delay Rubin imposes appears to ignore the clear mandates of the law that governs bond issues.

It's hard not to wonder if this is one of those cases where the judge has overstepped his bounds in order to realize his personal vision of what the case should be rather than decide the case set before him. What's Lafayette's real alternative to doing as he asks? To appeal? That would delay things even more. And it would offend the judge who still has standing to hear the case. Being the one who decides what a law means gives a judge power beyond applying the law to the decision at hand. But applying the law to the case at hand is all that is supposed to be happening.

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