2023CW0199 Nonprecedential Writ denied Processed

Donovan Fremin, Stan Guidroz, William Edwin Judson, Jr., Luke Labruzzo, Jr., Rawlston Phillips, III and Salvador P. Tantillo, III v. Boyd Racing, LLC, Churchill Downs Louisiana Horseracing Company, LLC, Louisiana Downs Investment Company, LLC, and Old Evangeline Downs, LLC

Louisiana Court of Appeal, First Circuit · Filed April 19, 2023

Authorities cited

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Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DONOVAN FREMIN, STAN NO. 2023 CW 0199
GUIDROZ, WILLIAM EDWIN
JUDSON, JR., LUKE LABRUZZO,
JR., RAWLSTON PHILLIPS, III,
AND SALVADOR P. TANTILLO,
III

VERSUS

BOYD RACING, LLC, CHURCHILL
DOWNS LOUISIANA HORSERACING
COMPANY, LLC, LOUISIANA
DOWNS INVESTMENT COMPANY,
LLC, AND OLD EVANGELINE APRIL 19, 2023
DOWN, LLC

In Re: Churchill Downs Louisiana Horseracing Company, LLC,
applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 725,007.

BEFORE: HOLDRIDGE, HESTER, AND GREENE, JJ.

WRIT DENIED.

CHH
HG

Holdridge, J. concurs, but notes that it is well settled
that a court may not declare a statute unconstitutional in the
context of a summary proceeding such as a preliminary injunction
hearing. Barber v. Louisiana Workforce Commission, 2015-1700
La . 1 0 / 9 / 15 ) , 17 6 So . 3d 3 98 ( per curi am) . The only is sue to be
considered at a hearing on a preliminary injunction is whether
the moving party has met its burden of proving that it will
suffer irreparable injury, loss, or damage if the injunction is
not issued, that it is entitled to the relief sought as a matter
of law, and that it will likely prevail on the merits of the
case. General Motors Acceptance Corp. v. Daniels, 377 So.2d 346,
348 ( La. 1979). Without agreement by the parties on the record
to try the petition for declaratory relief at the hearing on the
preliminary injunction, the issue of the constitutionality of
the act in question will not be ripe for determination at a
hearing for preliminary injunction. See Women' s Health Clinic v.
State, 2001-2645 ( La. 11/9/01), 804 So.2d 625, 626 ( per
curiam) citing Kruger v. Garden Dist. Ass' n, 99-3344 ( La.
3/24/00), 756 So.2d 309, 310-11 ( per curiam).

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT