Michael Guillory v. State of Louisiana, through the Department of Environmental Quality

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

MICHAEL GUILLORY NO. 2021 CW 1621

VERSUS

STATE OF LOUISIANA, THROUGH FEBRUARY 25, 2022
THE DEPARTMENT OF
ENVIRONMENTAL QUALITY

In Re: The Louisiana Department Environmental
of
Quality and

The Louisiana Department of Natural Resources,

applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 705981.

BEFORE: WHIPPLE, C. J., PENZATO AND HESTER, JJ.

WRIT DENIED.
VGW

CHH

Penzato, J., dissents. The amending petition seeking a

declaratory judgment filed by plaintiff, Patrick Keith, tails to
state a cause of action against relators, the Louisiana
Department of Environmental Quality and the Louisiana Department
of Natural Resources as the allegations set forth therein do not
raise claims that fall within the purview of La. Const. art. 12,
10, which waives sovereign immunity from for
suits injury to
person or
property. Accordingly, I would reverse the district
court' s judgment and sustain relators' exception of no cause of

action but afford Patrick Keith an to amend his
opportunity
petition, if he can, to state a cause of action against

relators. See La. Code Civ. P. art. 934.

COURT OF APPEAL, FIRST CIRCUIT

i

DEPUTY LERK OF COURT
FOR THE COURT