The Council Of The City Of New Orleans v. Edward Wisner Donation, The Honorable Mayor Latoya Cantrell, In Her Official Capacity And As Trustee, Michael Peneguy, Senator Edwin Murray, Major Chris Thornhill And Patrick Norton

Supreme Court of Louisiana
November 15, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
THE COUNCIL OF THE CITY OF NEW
ORLEANS
VS.
EDWARD WISNER DONATION, THE
HONORABLE MAYOR LATOYA
CANTRELL, IN HER OFFICIAL
CAPACITY
AND AS TRUSTEE, MICHAEL PENEGUY,
SENATOR EDWIN MURRAY, MAJOR CHRIS
THORNHILL
AND PATRICK NORTON
No. 2023-C-01106
_ _ _ _
_ _
IN
RE: Council of the City of New Orleans - Applicant Plaintiff; Applying For Writ
Of Certiorari, Parish of Orleans Civil, Orleans Civil District Court Number(s) 2022-
06765, Court of Appeal, Fourth Circuit, Number(s) 2022-CA-0790 C/W 2022-CA-
0791;
_ _ _ _ _ _
November 15, 2023
Writ application granted - see briefing notice and Order.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
11/15/2023 "See News Release 049 for any Concurrences and/or Dissents."

Suyrcmt 6ruil
STATE OF LOUISIANA
$etu (9rleans
CHIEF JUSTICE
JOHN L. WEIMEB
JUSTICES
WILLIAM J, CBAIN
SCOTT J, CRICHTON
JAMES T. GENOVESE
JAY B, MCCALLUI\4
JEFFERSON D, HUGHES III
PIPER D. GRIFFIN
First Oistrict
Second Districr
Third Oistrict
Fourth Oistrict
Fifth District
S6v€nth District
VERONICA O, KOCLANES
CLERK OF COUFT
400 Hoval Sr , Suite 4200
NEW OffLEANS, LA 70]30.8102
TELEPHONE (s04) 310-2300
HOME PAGE http://www.lasc.org
November 15,2023
THE COTINCIL OF THE CITY OF NEW ORLEANS VS
EDWARD WISNER DONATION, ET AL.
NOTE: FOR BRIEFING PTIRPOSES WRIT GRANTED November 15,2023
MEMORANDUM TO COUNSEL IN CAPTIONED CASE:
Please be advised that the above-captioned matter will be set for oral argument on this
Court's next available docket. A copy of the official docket with the specific date and time
of oral argument will be mailed out.
Plqlrse note Section 8 of Rule VII of the Rules of this Court nrovides that the applicant
S xth Disirict
or relator. as the case may be, must file their briefs on or before December 11,2023:
and the respondent on or before January 2,2021.
Oral argument will be waived if brief is untimely filed. Briefs submitted on legal sized paper
should be fastened at the top. All briefs should be backed with the customary "Blueback" or
other flexible material. In criminal proceedings, the court directs that counsel must file a
brief. Failure to do so may subject counsel to a penalty of contempt of Court.
Briefs forwarded by private delivery or courier service shall be deemed timely filed only if
received by the clerk on or before the last day ofthe delay for filing.
Regards.
yan Chan
Deputl Clerk
2
2023-C-01106
It is further provided in Rule VII, Section 9 that briefs sent through the mail shall be deemed
timely filed if mailed on or before the due date. If the brief is received by mail on the first
legal day following the expiration of the delay, there shall be a rebuttable presumption that it
was timely filed. In all cases where the presumption does not apply, the timeliness of the
mailing shall be shown only by an official United States postmark or by official receipt or
certificate from the United States Postal Service, or bona fide commercial mail services such
as Federal Express or United Parcel Service, made at the time ofmailing which indicates the
date thereof. Any other date stamp, such as a private commercial mail meter stamp, or label
from an Automated Postal Center, shall not be used to establish timeliness.
11/15/23

RC: RC
ccs: All Counsel
Hon. Kern A. Reese
Hon. Chelsey fuchard Napolean
Hon. Justin I. Woods, Clerk
Orleans Civil District Court: 2022-067 65
Court of Appeal, Fourth Circuit: 2022-CA-0790 C/W 2022-CA-0791

SUPREME COURT OF LOUISIANA
No.2023-C-01106
THE COUNCIL OF THE CITY OF NEW ORLEANS
VERSUS
EDWARD WISNER DONATION, THE HONORABLE MAYOR LATOYA
CANTRELL, IN HER OFFICIAL CAPACITY AND AS TRUSTEE,
MICHAEL PENEGUY, SENATOR EDWIN MURRAY, MAJOR CHRIS
THORNHILL AND PATRICK NORTON
CONSOLIDATED WITH
THE COUNCIL OF THE CITY OF NEW ORLEANS VERSUS
EDWARD WISNER DONATION, THE HONORABLE MAYOR LATOYA
CANTRELL, IN HER OFFICIAL CAPACITY AND AS TRUSTEE,
MICHAEL PENEGUY, SENATOR EDWIN MURRAY, MAJOR CHRIS
THORNHILL AND PATRICK NORTON
On Writ of Certiorari and/or Review
Orleans Civil District Court, Parish of Orleans, No.2022-06765,
Court of Appeal, Fourth Circuit, Nos. 2022-CA-0790 CAV 2022-CA-0791.
And, whcreas, the Court has this date, pursuant to Article 5, Section 5, of the
Constitution of Louisiana, made and issued the following order, to wit- "It is
ordcred that thc writ of review issuc; that the District Court and the Court of
Appeal send up thc record in Duplicate ofthe case; and that counsel for all parties
be notified."
Now, therefore, the said District Court and the Court of Appeal is hereby
commanded, in thc namc of the State of Louisiana and of this Honorable Court, to
send up forthwith to this Court, in accordance with Supreme Court Rule l, at the
City of New Orleans, the record in duplicate of the above-entitled case.
Witness the Honorable Justices of thc
Supreme Court of the State of Louisiana, on
this 1 5th day of November, in the year of our
Lord, Two Thousand Twenty-Threc.
Depufy Clerk of Court
Veronica O. Koclanes
Clerk of Court