81 Mich. L.Rev. 399, 428-31 (1982). Y. ALTERNATIVELY, LOUISIANA R.S. 9:5644(0 CONSTITUTIONALLY COULD NOT REVIVE AN OTHERWISE PRESCRIBED ACTION. Defendant argues that applying subsection C of the 1985 revival statute, Louisiana R.S. 9:5644(C), to an action already prescribed on the effective date of the statute would violate the Louisiana constitution. I agree, and I grant defendant’s motion for summary judgment on this alternative basis. I have concluded that the School Board’s claim is prescribed even if the 1985 statute can constitutionally be applied. Nevertheless, for the sake of completeness, I reiterate my view expressed in 1992 that the Louisiana Supreme Court would agree with defendant’s contention. City of New Orleans v. W.R. Grace & Co.—Conn., 1992 WL 125371 (E.D.La.1992) (<HOLDING>), aff'd, 985 F.2d 558 (5th Cir.1993) (affirmed
holding that to the extent plaintiffs present action is based on conduct subsequent to the original action it is not barred by the prior litigation holding that a subsequent action was not barred because the initial court did not have jurisdiction over the claim holding that illegal state regulation can be accomplished either by an award of damages or by legislative enactment holding that in reference to lars 95644b onee a plaintiffs case of action is barred by liberative prescription it cannot under the louisiana constitution be revived by a subsequent legislative enactment recognizing that the zoning code of a homerule city is a legislative enactment