City of Opelousas v. Opelousas Municipal Civil Service Commission

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

07-684 consolidated with 07-506

CITY OF OPELOUSAS

VERSUS

OPELOUSAS MUNICIPAL
CIVIL SERVICE COMMISSION, ET AL.

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APPEAL FROM THE
TWENTY-SEVENTH JUDICIAL DISTRICT COURT
PARISH OF ST. LANDRY, NO. 07-C-1223-C
HONORABLE ALONZO HARRIS, DISTRICT JUDGE
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GLENN B. GREMILLION
JUDGE

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Court composed of Jimmie C. Peters, Glenn B. Gremillion, and J. David Painter,
Judges.

REVERSED AND REMANDED.

Pride J. Doran
Williams & Doran, PLLC
P. O. Box 3687
Lafayette, LA 70502
(337) 235-3989
Counsel for Plaintiff/Appellant:
City of Opelousas

Philip E. Roberts
Roy, Bivins, Judice, Roberts & Wartelle, APLC
P. O. Drawer Z
Lafayette, LA 70502
(337) 233-7430
Counsel for Defendant/Appellee:
Ron Turner
Margaret Doucet
Ken Vidrine

G. Douglas Dean
Dean Law Offices
P.O. Drawer 280
Opelousas, LA 70571
(337) 942-5111
Counsel for Defendant/Appellee:
Opelousas Municipal Civil Service Commission

Daniel M. Landry, III
P. O. Box 3784
Lafayette, LA 70502
(337) 237-7135
Counsel for Defendant/Appellee:
Frances Carron

Barbara W. Thomas
Civil Service Director
P. O. Box 1879
Opelousas, LA 70571

GREMILLION, Judge.

This appeal is consolidated with Carron v. City of Opelousas, 07-506

(La.App. 3 Cir. _/_/_), ___So.2d ___. In the instant case, City of Opelousas v.

Opelousas Municipal Civil Service Commission, Frances Carron, Ron Turner,

Margaret Doucet, Ken Vidrine, and Barbara Thomas, the City of Opelousas filed a

Petition for issuance of temporary restraining order, preliminary and permanent

injunction, and for declaratory judgment. The City requested that a TRO be ordered

to halt the scheduled hearing of the Opelousas Civil Service Commission regarding

Carron’s appeal. The trial court denied the TRO and the Commission convened and

reinstated Carron’s employment. Carron and other city employees filed exceptions

of lack of subject matter jurisdiction, no cause of action, and res judicata urging that

the District Court did not have jurisdiction to proceed regarding the declaratory

judgment, and preliminary and permanent injunctions.1 The trial granted the

defendants’ exceptions because it found that it did not have jurisdiction over the

matter. The City now appeals.

This day we have rendered a decision in the Carron case. Based on that

decision, for the reasons set forth therein, we reverse the trial court and remand for

proceedings consistent with that decision.

REVERSED AND REMANDED.

1
The other employees include Ron Turner, Margaret Doucet, Ken Vidrine, and Barbara
Thomas.

2