Military Road Revitalization Company, Inc. v. St. Tammany Parish Government

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
MILITARY ROAD REVITALIZATION NO. 2023 CW 1221
COMPANY, LLC
VERSUS
ST. TAMMANY PARISH MARCH 15, 2024
GOVERNMENT

In Re: Military Road Revitalization Company, LLC, applying for
supervisory writs, 22nd Judicial District Court, Parish of
St. Tammany, No. 202313320.

BEFORE: WELCH, WOLFE, AND STROMBERG, J J.

WRIT GRANTED WITH ORDER. The portion of the district court's
November 8, 2023 judgment which granted, in part, the exception of no
right of action filed by defendant is reversed. Defendant, St. Tammany
Parish Government, failed to carry its burden of proving that
plaintiff, Military Road Revitalization Company, LLC, has no right of
action to challenge the moratorium ordinance. Under the facts of this
case, plaintiff has a "real and actual personal stake" in challenging
the moratorium. Jenkins v. City of Baton Rouge, 2014-1235 (La. App. 1st
Cir. 3/9/15), 166 So.3d 1032, 1036; La. Code Civ. P. art. 681.
Accordingly, we reverse the portion of the district court's judgment
granting, in part, defendant's exception of no right of action to the
claims based upon allegations of violation of the Code of Ordinances
and deny the exception.
The portion of the district court's November 8, 2023 judgment,
which denied the preliminary injunction is a final, appealable judgment
pursuant to Louisiana Code of Civil Procedure article 3612. Therefore,
the writ is granted for the limited purpose of remanding this matter to
the district court with instructions to grant an appeal to plaintiff,
Military Road Revitalization Company, LLC, pursuant to the pleading
that notified the district court of plaintiff's intention to seek
writs. See In re Howard, 541 So.2d 195, 197 (La. 1989) (per curiam).
In the event plaintiff, Military Road Revitalization Company, LLC,
seeks to appeal the district court's judgment, plaintiff shall submit
an order for appeal to the district court on or before fifteen days
from the date of this court's order. Additionally, a copy of this
court's order is to be included in the appellate record.

EW
TPS

Welch, J., concurs. The portion of the district court's November 8,
2023 judgment which granted, in part, defendant's peremptory exception
of no right of action, did not dismiss all of plaintiff's claims, and
therefore, the judgment constitutes an impermissible partial judgment.
See State, by and through Caldwell v. AstraZeneca AB, 2016-1073 (La.
App. 1st Cir. 4/11/18), 249 So.3d 38, 43, (en bane), writs denied,
2018-00766, 2018-0758 (La. 9/21/18), 252 So.3d 899, 904.

COURT OF APPEAL, FIRST CIRCUIT

11.s..O
DEPUTY CLERK OF COURT
FOR THE COURT