City of Baton Rouge v. Gourney
Also decided on this docket: La. Ct. App. 1st Cir., June 15, 1914 11 Teiss. 319; La. Ct. App. 3d Cir., February 10, 1978 352 So. 2d 737; La. Ct. App. 4th Cir., July 1, 1974 294 So. 2d 594
City of Baton Rouge v. Gourney, 160 So. 2d 290 (La. Ct. App. 1st Cir. 1964).
Cited by
- Strahan v. Saik 250 So. 2d 203 La. Ct. App. 1st Cir. 1971
- Stubbs v. City of Baton Rouge 243 So. 2d 871 La. Ct. App. 3d Cir. 1971
- Trosclair v. Houma Municipal Fire & Police Civil Service Board 209 So. 2d 1 La. 1968
- Trosclair v. Houma Municipal Fire & Police Civil Service Board 200 So. 2d 293 La. Ct. App. 1st Cir. 1967
- City of Lake Charles v. George 185 So. 2d 872 La. Ct. App. 1st Cir. 1966
- City of Lake Charles v. LAKE CHARLES FIRE FIGHT. ASS'N 183 So. 2d 451 La. Ct. App. 3d Cir. 1966
Authorities cited
Identified automatically; this list may not be exhaustive.
- Marchiafava v. Baton Rouge Fire & Police Civil Service Board 233 La. 17
- Houeye v. St. Helena Parish School Board 220 La. 252
- Ilardo v. Agurs 226 La. 613
Opinion text
HERGET, Judge. This matter is before the Court on a motion filed by the City of Baton Rouge to dismiss the appeal taken from the judgment of the Nineteenth Judicial District Court reversing in part and affirming in part the decision of the Baton Rouge Municipal Fire and Police Civil Service Board. LSA-R.S. 33:2501 makes provision for appeal by an aggrieved party from a decision of a municipal fire and police civil service board. Particularly it is provided therein, “ * * * This appeal shall lie direct to the court of original and unlimited jurisdiction in civil suits of the parish wherein the board is domiciled. * * * ” Article 14, Section 15.1, paragraph 31 of the Constitution of Louisiana is a word for word reproduction of LSA-R.S. 33:2501 with the exception that, no doubt through an act of omission, the provision of the statute, quoted supra, fixing the jurisdiction for appeal was not included therein. The constitutional article provides for appeal by an aggrieved party, though makes no provision whatever for the forum to which such appeal is directed. Since the statute places the forum for the appeal in the court of original and unlimited jurisdiction in civil suits of the parish wherein the board is domiciled, it is obvious such court is the district court and it is the forum to which the appeal must be directed. And, inasmuch as the judgment of the district court reviewing a municipal fire and police civil service board’s ruling is final, the only additional remedy afforded to a litigant dissatisfied with the ruling of the district court is by way of an application to the Supreme Court of Louisiana for remedial writs. LSA-Const. Article 7, Section 29 (as amended Acts 1958, No. 561, adopted Nov. 4, 1958). Marchiafava v. Baton Rouge Municipal Fire and Police Civil Service Board (1957) 233 La. 17 , 96 So.2d 26 ; State ex rel. Leahy v. Third Justice of the Peace, 27 La.Ann. 669 ; Houeye v. St. Helena Parish School Board, 220 La. 252 , 56 So.2d 413 ; Ilardo v. Agurs, 226 La. 613 , 76 So.2d 904 . Appeal dismissed.