Bankston & Assocs., L.L.C. v. La. Dep't of Justice

In Re: The Louisiana Department of Justice and Jeff Landry in his Official Capacity as Attorney General for the State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 665348. BEFORE: WELCH, CRAIN, THERIOT, CHUTZ, AND PENZATO, JJ.

STAY DENIED. WRIT GRANTED. The district court's August 30, 2018 ruling, denying defendants', The Louisiana Department of Justice and Jeff Landry in his Official Capacity as Attorney General for the State of Louisiana, declinatory exception for lack of subject matter jurisdiction is reversed. See United Teachers of New Orleans v. Orleans Parish School Board, 355 So.2d 899 (La. 1978). If the case is moot, there is no subject matter on which the judgment of the court can operate. City of Hammond v. Parish of Tangipahoa, 2007-0574 (La. App. 1st Cir. 3/26/08), 985 So.2d 171, 178.

AHP JEW MRT

Crain, J., concurs.

Chutz, J., concurs in part and dissents in part. If La. R.S. 42:262(F) creates any right of action, it is vested solely with the state board or commission which submits the application. Therefore, I would remand the matter to district court with instructions to issue an order granting plaintiff, Bankston & Associates, LLC, the opportuity to amend its petition, if it can, within a delay deemed reasonable by the district court. See La. C.C.P. art. 934. COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT