Coalition for Responsible Zoning, LLC, Donald Alette, Anne B. Brooks, Mary F. Blythe, Ronnie and Rachel Spencer & Dwight Doskey v. The Parish of St. Tammany and St. Tammany Parish President
Coalition for Responsible Zoning, LLC, Donald Alette, Anne B. Brooks, Mary F. Blythe, Ronnie and Rachel Spencer & Dwight Doskey v. The Parish of St. Tammany and St. Tammany Parish President, No. 2020CW1208 (La. Ct. App. 1st Cir. Dec. 14, 2020).
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
COALITION FOR RESPONSIBLE NO. 2020 CW 1208
ZONING, LLC, DONALD ALETTE, PAGE 1 OF 2
ANNE B. BROOKS, MARY F.
BLYTHE, RONNIE AND RACHEL
SPENCER, & DWIGHT DOSKEY
VERSUS DECEMBER 14, 2020
THE PARISH OF ST. TAMMANY
AND ST. TAMMANY PARISH
PRESIDENT
In Re: Patrick Murray and Cara Williams Murray, Wayne Charles
Eckel and Karen Gammill Eckel, Concerned Citizens of
St. Tammany Parish an d Richard Franzo, Jr., and
Christina Falco Baldwin John Baldwin, Jr., Kathleen
Dillon, Jerry Dillon, Brent Barre, Billy Goodwin,
Russell Butz and Donna Naquin, applying for
supervisory writs, 22nd Judicial District Court,
Parish of St. Tammany, No. 202010074.
BEFORE: WHIPPLE, C. J., WELCH AND CHUTZ, JJ.
STAY DENIED; WRIT NOT CONSIDERED. The writ application does
not include relators' motion to stay filed with the trial court,
the defendants' opposition, the petition for intervention filed
by Concerned Citizens of St. Tammany Parish and Richard Franzo,
Jr., an index, statement of jurisdiction, statement of the case,
issues and questions of law presented, assignments of error,
notice of intent, or signed order setting a return date in
violation of Uniform Rules of Louisiana Courts of Appeal, Rule
4- 5( C)( 1)-( 5), ( 8), and ( 11). Absent these documents, it is
unclear whether the writ was filed within thirty days from the
notice of signing of the order denying the motion to stay.
Therefore, the writ may be untimely. See Rule 4- 3. Finally,
there is no affidavit from relators' counsel in violation of
Rule 4- 4, 4- 5( A).
Supplementation of this writ application and/ or an
application for rehearing will not be considered. Uniform Rules
of Louisiana Courts of Appeal, Rules 2- 18. 7 & 4- 9.
In the event relators seek to file a new application with
this court, it must contain all pertinent documentation,
including all missing items noted above and documents to show
the original application was timely, and must comply with Rule
2- 12. 2 of the Uniform Rules of Louisiana Courts of Appeal. Any
new application must be filed on or before January 15, 2021 and
must contain a copy of this ruling.
VGW
WRC
Welch, J., concurs in part, dissents in part. I concur in
the denial of the stay, but dissent in part and would deny the
writ application.
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
NO. 2020 CW 1208
PAGE 2 OF 2
COURT OF APPEAL, FIRST CIRCUIT
D CLERK OF COURT
FOR THE COURT