Education Explosion, Inc. and Impact Charter School v. Chakesha Scott, Eric Scott, Courtney Scott, Marilyn Webb, and Friends of Impact Charter School
Education Explosion, Inc. and Impact Charter School v. Chakesha Scott, Eric Scott, Courtney Scott, Marilyn Webb, and Friends of Impact Charter School, No. 2025 CW 0672 (La. Ct. App. 1st Cir. July 18, 2025).
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
EDUCATION EXPLOSION, INC. NO. 2025 CW 0672
AND IMPACT CHARTER SCHOOL
VERSUS
CHAKESHA SCOTT, ERIC SCOTT,
COURTNEY SCOTT, MARILYN
WEBB, AND FRIENDS OF IMPACT JULY 18, 2025
CHARTER SCHOOL
In Re: Chakesha Scott, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge, No.
759881.
BEFORE : THERIOT, LANIER, AND MILLER, JJ.
STAY DENIED; WRIT DENIED.
WIL
Theriot, J., concurs and would deny the writ on the showing
made.
Miller, J., concurs in the denial of the stay, but dissents
and would grant the writ. Plaintiffs, in part, seek declaratory
judgment herein to declare that the Louisiana Board of Blementary
and Secondary Education (“BESE”) appointed the current Board of
Directors of plaintiffs under authority granted under state law,
and that the reconstitution of the Board was specially authorized
by law, citing La. R.S. 17:3992(D). Under La. Code Civ. P. art.
641(1), a person may be considered a party needed for just
adjudication if, absent his presence, complete relief cannot be
accorded among those already parties. see also La. Code Civ. P.
art. 1880 (“[w]hen declaratory relief is sought, all persons shall
be made parties who have or claim any interest which would be
affected by the declaration[.]”). I find BESE is such a party,
since a portion of the relief sought is to declare BESE’s actions
in compliance with law. Accordingly, I would reverse the ruling
of the district court, grant the exception of non-joinder, and
remand the matter to the district court with instructions to issue
an order granting plaintiffs the opportunity to amend the petition
within a delay deemed reasonable by the district court. see La.
Code Civ. P. art. 934.
COURT OF APPEAL, FIRST CIRCUIT
Jowhe.3 4 bo
Pury CLERK OF COURT
FOR THE COURT