J. Schuyler Marvin, 26th Judicial District Attorney v. Robert Berry, And Cypress Black Bayou Recreation And Water Conservation District

Supreme Court of Louisiana
November 01, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
J. SCHUYLER MARVIN, 26th JUDICIAL
DISTRICT ATTORNEY
VS.
ROBERT BERRY, AND CYPRESS BLACK
BAYOU RECREATION AND WATER
CONSERVATION DISTRICT
No. 2022-C-00969
_ _
_ _ _ _
I
N RE: State of Louisiana, By and Through Attorney General Jeff Landry, In His
Official Capacity - Applicant Plaintiff; Applying For Writ Of Certiorari, Parish of
Bossier, 26th Judicial District Court Number(s) 162928, Court of Appeal, Second
Circuit, Number(s) 54,230-CA;
_ _ _ _ _ _
November 01, 2022
Writ application granted. See per curiam.
Crichton, J., dissents.
WJC
JLW
JDH
JTG
JBM
PDG
11/01/2022 "See News Release 047 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2022-C-00969
J. SCHUYLER MARVIN, 26th JUDICIAL DISTRICT ATTORNEY
VS.
ROBERT BERRY, and CYPRESS BLACK BAYOU RECREATION And
WATER CONSERVATION DISTRICT
On Writ of Certiorari to the Court of Appeal, Second Circuit, Parish of Bossier
PER CURIAM
Writ granted. The court of appeal erred in pretermitting consideration of the
applicant’s assignments of error related to the summary judgment. “A person who
could have intervened in the trial court may appeal, whether or not any other appeal
has been taken.” La. Code Civ. Pro. art. 2086. “A third person having an interest
therein may intervene in a pending action to enforce a right related to or connected
with the object of the pending action against one or more of the parties thereto by . .
. [j]oining with plaintiff in demanding the same or similar relief against the
defendant.” La. Code Civ. Pro. art. 1091(1). The attorney general is specifically
authorized to enforce Louisiana’s Dual Officeholding Law, the object of the present
suit. See La. R.S. 42:65A(1)(a). The attorney general’s interest is sufficient to
intervene in this lawsuit because this lawsuit could affect the attorney general’s
lawsuit. For th is reason, applicant “could have intervened” in this action and,
therefore, has the right to appeal the summary judgment granted in favor of
defendants. See La. Code Civ. Pro. art. 2086; Landry v. Duplechain, 19-01909 (La.
4/27/20), 295 So. 3d 938 ( per curiam ); ANR Pipeline Co . v. Louisiana Tax
Commission, 08 -1148 (La. App. 1 Cir. 10/17/08), 997 So. 2d 92, 101, writ
denied, 09-0027 (La. 3/6/09), 3 So.3d 484. This matter is remanded to the court of
appeal for consideration of applicant’s assignments of error related to the summary
judgment.
11/01/22