Iberville Parish v. City of Baton Rouge/Parish of East Baton Rouge

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

IBERVILLE PARISH NO. 2020 CW 1231

VERSUS

CITY OF BATON ROUGE/ PARISH APRIL 21, 2021
OF EAST BATON ROUGE

In Re: City of Baton Rouge/ Parish of East Baton Rouge,

applying for supervisory writs, 18th Judicial District
Court, Parish of Iberville, No. 80144.

BEFORE: MCDONALD, HOLDRIDGE, AND PENZATO, JJ.

WRIT GRANTED WITH ORDER. The portion of the trial court' s

November 18, 2020 judgment denying the declinatory exception of

improper venue filed by defendant, the Baton
City of

Rouge/ Parish of East Baton Rouge, is reversed. All suits filed
against a political subdivision of the state shall be instituted
before the district court of the judicial district in which the

political subdivision is located or in the district court having
jurisdiction in the parish in which the cause of action arises.
La. R. S. 13: 5104( B). The parish where the operative facts
occurred that support the plaintiff' s entitlement to recovery is
where the cause of action arises. Impastato v. State, Div. of

Admin., 2010- 1998 ( La. 11/ 19/ 10), 50 So. 3d 1277 ( per curiam). In
this case, plaintiff alleges actions of the defendant, the City
of Baton Rouge/ Parish of East Baton Rouge, created flooding
issues in the Parish of Iberville. Any actions of
the City of
Baton Rouge/ Parish of East Baton Rouge in
necessarily occurred
the Parish of East Baton Rouge; and the
accordingly, parish of
proper venue pursuant to La. R. S. 13: 5104( B) is the Parish cf

East Baton Rouge. Therefore, the defendant' s exception of
improper venue is granted, and this matter is remanded to the
trial court with instructions to transfer this action to East
Baton Rouge Parish. In addition, the portions of the trial
court' s November 18, 2020 judgment that denied the exceptions of
no cause of action, no right of action, prescription and
vagueness are vacated, to be addressed by a court of proper

venue following transfer.

JMM

GH
AHP

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLER OF COURT
FOR THE COURT