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City of Broussard v. Watkins3/31/2004
s Public Service, Inc., 458 So.2d 1308, 1311 (La.1984), as authority when not confronting claims of unconstitutionality where the claim is not the basis for this Court granting of the writ and the issue was not specifically pled in the trial court. Id. at 863. The constitutionality of the statute was clearly not the central focus of any hearing and the trial record does not contain any arguments on the topic. The only mention of the constitutionality of the statute was on appeal. Accordingly, we pretermit defendant's constitutional challenge as he failed to first raise the issue in the trial court.
In the present case, since there is no indication that the challenge to the constitutionality of the ordinance was raised in the district court, we will not address that issue.
CONCLUSION
Initially, we find that this case is civil, and we considered it as an appeal. After having done so, we reverse the district court's ruling and remand the case to the district court for a trial de novo. The costs of this appeal are assessed to the plaintiff-appellee, the City of Broussard.
REVERSED AND REMANDED.
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