Charles Branton v. Parish of St. Tammany and St. Tammany Parish Council

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

CHARLES BRANTON NO. 2021 CW 1295

VERSUS PAGE 1 OF 2

PARISH OF ST. TAMMANY AND ST.
TAMMANY PARISH COUNCIL

CONSOLIDATED WITH

JOHN G. RAYMOND

VERSUS

NOVEMBER 18, 2021
PARISH OF ST. TAMMANY AND ST.
TAMMANY PARISH COUNCIL

In Re: John G. Raymond, applying for supervisory writs,

22nd Judicial District Court, Parish of St. Tammany,
Nos. 2021- 12864 c/ w 2021- 12868.

BEFORE: WHIPPLE, C. J., GUIDRY, WELCH, HOLDRIDGE, AND CHUTZ, JJ.

WRIT GRANTED. The trial court' s October 20, 2021 judgment
the exception
sustaining of prematurity and dismissing
plaintiff' s, John G. Raymond, claims seeking injunction is
reversed. In the dilatory exception raising the objection of

prematurity, the exceptor bears the initial burden of showing
that an administrative remedy or procedure applies, by reason
of which the lawsuit is premature. Once the existence of an

administrative remedy is established, the burden then shifts

to the plaintiff to show that the specific administrative

remedy or procedure has been exhausted. Dutrey v. Plaquemine
Manor Nursing Home, 2012- 1295 ( La. App. 1st Cir. 6/ 17/ 13), 205
So. 3d 934, 941. We find that defendant, St. Parish,
Tammany
failed to carry its burden of proof. We further find that as
Mr. Raymond' s lawsuit is to enjoin the call of this election

due to the alleged unconstitutionality of the process in which
the election was called and the proposed referendum placed on
the ballot rather than the prospective result of the election,
Mr. Raymond may petition the court for an injunction prior to
the election, the merits of which should be determined prior
to the election. See Louisiana Paddlewheels v. Louisiana
Riverboat Gaming Commission, 94- 2015 ( La. 11/ 30/ 94), 646 So. 2d
885, 888 n. 4; Premier Games, Inc. v. State, 99- 1297 ( La. App.
1st Cir. 6/ 7/ 99), 739 So. 2d 852 ( per curiam), writs denied,
99- 1710, 99- 1679 ( La. 6/ 14/ 99), 745 So. 2d 15, 604, cert.
denied, 528 U. S. 1062, 120 S. Ct. 617, 145 L. Ed. 2d 512 ( 1999).

VGW
JMG

JEW
WRC

Holdridge, J.,
dissents and would deny the writ. If the
vote for the proposition fails, the issue is moot.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

2021 CW 1295

PAGE 2 OF 2

Accordingly, the constitutionality of the election should not

be tested until after the election. If the proposition passes,
then plaintiff may seek injunctive relief to enjoin the

enforcement of the proposition.

COURT OF APPEAL, FIRST CIRCUIT

1/

DEPUTY CLERK OF COURT
FOR THE COURT