Seth H. Schaumburg Versus Parish of Jefferson

SETH H. SCHAUMBURG NO. 19-CA-140

VERSUS FIFTH CIRCUIT

PARISH OF JEFFERSON COURT OF APPEAL

STATE OF LOUISIANA

March 09, 2020

Susan Buchholz
First Deputy Clerk

ON APPLICATION FOR REHEARING

Panel composed of Fredericka Homberg Wicker,
Jude G. Gravois, and Stephen J. Windhorst

REHEARING DENIED

FHW
JGG
SJW

REHEARING DENIED

Defendants’ arguments in the application for rehearing have already been
fully raised, analyzed, and discussed in this Court’s opinion on appeal. The
application is accordingly denied.

Furthermore, with regard to the issue raised in the application for rehearing
as to whether the trial court properly took judicial notice of the compliance orders
attached as exhibits to Defendants’ exceptions, the compliance orders are not in the
same category with documents filed into the conveyance records and prior
proceedings within the same case or same court. See Long v. Minton, 01-1361 (La.
App. 3 Cir. 3/6/02), 809 So.2d 1242, 1243 (appellate court took judicial notice of
pleadings in previously filed action for purposes of res judicata analysis); Mecom
v. Mueller, 235 So.2d 597, 599 (La. App. 4 Cir. 1970) (sale of property evidenced
in public records); State v. Batiste, 96-0526 (La. App. 3 Cir. 12/11/96), 687 So.2d
499, 503 (trial court took judicial notice of its own official minutes). Regardless, as
this Court pointed out in footnote three of the opinion, the substance of the
compliance orders is immaterial to our evaluation of whether the Plaintiff’s right of
action was precluded by the citizen suit provision of the Louisiana Environmental
Quality Act. La. R.S. 30:2026. Even if the compliance orders had been properly
introduced and admitted into evidence, our interpretation of the statute and the
outcome reached by the opinion would remain the same.

Because the application for rehearing is denied, Defendants’ subsequent
“Motion to File Brief in Support of Rehearing” and “Motion for Extension of Time
to File Brief in Support of Rehearing” are rendered moot.

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

MARY E. LEGNON
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON SUSAN BUCHHOLZ
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 03/09/2020 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

19-CA-140
E-NOTIFIED
Val P. Exnicios (Appellant) Bruce C. Betzer, Jr. (Appellant)
William Peter Connick (Appellee) Matthew D. Moghis (Appellee)
William A. Barousse (Appellee) Jonathan S. Ord (Appellee)
David R. Taggart (Appellee)

MAILED
Kelsey L. Zeitzer (Attorney) John B. Stanton (Attorney) Dean J. Favret (Attorney)
1100 Poydras Street 1100 Poydras Street Anthony J. Russo (Attorney)
Suite 1700 Suite 2700 Angela C. Imbornone (Attorney)
New Orleans, LA 70163 New Orleans, LA 70163 Seth H. Schaumburg (Attorney)
Lauren A. Favret (Attorney)
Honorable Max N. Tobias, Jr. (Attorney) Douglas S. Hammel (Attorney) 1515 Poydras St.
Warren S. Mike Newton (Attorney) 3129 Bore Street Suite 1400
Frances L. Radcliff (Attorney) Metairie, LA 70001 New Orleans, LA 70112
1515 Poydras Street
Suite 1400 Jackson M. Smith (Attorney)
New Orleans, LA 70112 J. Michael DiGiglia (Attorney)
701 Poydras Street
Suite 4800
New Orleans, LA 70139