J. Mitchell Ourso, Jr. v. Louisiana Board of Ethics

STATE OF LOU'ISIANA I

COURT OF APPEAL, F1IRST CIRCUIT 1

I

J. MITCHELL OURSO, JR. NO. 2023 CW 0341
VERSUS
LOUISIANA BOARD OF ETHICS APRIL 17, 2023

In Re: Louisiana Board of Ethics, applying for supervisory
writs, 18th Judicial DisLrict Court, Parish of
Iberville, No. 82077.

BEFORE: WELCH, PENZATO, AND LANIER, JJ.

WRIT GRANTED WITH ORDER. The trial court's March 13, 2023
ruling denying the Louisiana Board ,of Ethics' exception of
improper venue is reversed. Venue fGr suits filed against a
state agency shall be instituted befdre the district court of
the judicial district in which the state capitol is located or
in the district court having jurisdiction in the parish in
which the cause of action arises. L~. R. S. 13: 5104 (A) . The
state capitol is located in Baton Rouge, in the 19 th Judicial
District. For venue purposes, in determining the parish in
which the cause of action arises, courts look to the parish
where the operative facts occurred that support plaintiff's
entitlement to recovery. Colvin v. touisiana Patient's Comp.
Fund Oversight Bd., 200 6-1104 (La. 1/17 /07), 94 7 So. 2d 15, 27.
J. Mitchell Ourso challenges a decision of the Louisiana Board
of Ethics that he violated the Campaigp Finance Disclosure Act,
which decision was made in East Baton Rouge Parish.
Furthermore, the alleged unlawful expenditure of campaign funds
occurred in East Baton Rouge Parish pursuant to the bill of
sale. Accordingly, the Louisiana Board of Ethics' exception of
improper venue is granted and this case', is remanded to the trial
court with instructions to transfer this matter to the 19th
Judicial District Court for the Parish of East Baton Rouge.

JEW
AHP
WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT