§101.1. Subdivision approval a legislative function
Except as otherwise provided in this Subpart, the act of approving or disapproving
a subdivision plat is hereby declared a legislative function involving the exercise of
legislative discretion by the planning commission, based upon data presented to it; provided
that any subdivision ordinance enacted by the governing authority of a parish or municipality
or the acts of the governing authority, the planning commission, or planning administrator
shall be subject to judicial review only on the grounds that such ordinance or act is arbitrary
and capricious thereby constituting an abuse of discretion, unreasonable exercise of police
powers, an excessive use of the power herein granted, or denial of the right of due process.
The judicial review shall be confined to the record established before the governing
authority, the planning commission, or planning administrator whose decision is being
appealed. The right of judicial review of a subdivision ordinance shall not be limited by the
foregoing, however, nothing contained in this Subpart or in any subdivision ordinance
adopted by a parish or municipality shall be construed as imposing upon such parish or
municipality a duty, special or otherwise, to or for the benefit of any individual person or
group of persons.
Acts 1990, No. 699, §1, eff. July 20, 1990; Acts 2025, No. 277, §1, eff. June 11,
2025.