JB James Construction, LLC v. Greater New Orleans Expressway Commission

JB JAMES CONSTRUCTION, LLC NO. 2024 CW 0943

VERSUS

GREATER NEW ORLEANS DECEMBER 4, 2024
EXPRESSWAY COMMISSION

In Re: Greater New Orleans Expressway Commission, applying for
supervisory writs, 22nd Judicial District Court, Parish
of St. Tammany, No. 202310543.

BEFORE: WOLFE, MILLER, AND GREENE, Ji.

WRIT GRANTED. The portion of the district court' s August 27,
2024 judgment which granted the motion for partial summary judgment
as to item number 3 finding that Sections 105. 17( a) and ( c) of the
Supplemental Specifications are null, void and unenforceable is
vacated. It is well settled that courts will not decide abstract,
hypothetical, or moot controversies, or render advisory opinions
with respect to controversies. Cases submitted for adjudication

must be justiciable, ripe for decision, and not brought
prematurely. A " justiciable controversy" is one an
presenting
existing actual and substantial dispute involving the legal
relations of parties who have real adverse interests and upon whom
the judgment of the court may effectively operate through a decree
of conclusive character. A" justiciable controversy" is
distinguished from one that is hypothetical or abstract, academic,

or moot. Plaquemines Port, Harbor & Terminal Dist. v. Dep' t of
Transportation & Dev., 2024- 0099 ( La. App. lst Cir. 9/ 20/ 24), --
So. 3d --, 2024 WL 4248929. We find it would be premature at this
time to decide this single limited issue of contractual

interpretation. It is unknown at this time whether a ruling on
this issue is necessary or whether the conflicts at issue herein
could be decided on other grounds, rendering a ruling on this issue
unnecessary.

EW
SMM
HG

COURT OF APPEAL, FIRST CIRCUIT

MD UTY CLERK OF COURT
FOR THE COURT