2020CW1208 Nonprecedential Stay denied; writ not considered Processed

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

Louisiana Court of Appeal, First Circuit · Filed December 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