No. 92-C-3305 Precedential Remanded Processed

Parish v. Parker

Louisiana Supreme Court · Filed March 12, 1993 · 615 So. 2d 327

Also decided on this docket: La., April 12, 1993 616 So. 2d 678

Cited by

State of Louisiana v. Kevin Rickmon La. Ct. App. 4th Cir. 2023
State of Louisiana v. Kendall Barnes Derrick Groves La. Ct. App. 4th Cir. 2021
State of Louisiana v. Kentrell Hickerson La. Ct. App. 4th Cir. 2020
State of Louisiana Versus Aaron Harrell La. Ct. App. 5th Cir. 2020
State of Louisiana v. El Jerico Bartie La. Ct. App. 3d Cir. 2019
State of Louisiana v. Bengy R. Cooley La. Ct. App. 3d Cir. 2015
State v. Cooley 165 So. 3d 1237 La. Ct. App. 1st Cir. 2015
State of Louisiana v. Alton Ray La. Ct. App. 3d Cir. 2013
State v. Ray 157 So. 3d 13 La. Ct. App. 1st Cir. 2013
State of Louisiana v. Ben James Thompson La. Ct. App. 3d Cir. 2012
State v. Thompson 100 So. 3d 375 La. Ct. App. 1st Cir. 2012
State of Louisiana v. Arthur Bias, Jr. La. Ct. App. 3d Cir. 2011

Opinion text

PER CURIAM. If La. Const. art. VII, § 4(E) affords a remedy to a coastal parish to recover from the state one-tenth of the state’s share of the royalties from oil and gas produced on federally owned lands from pools underlying both state and federal lands, then the governing body of the parish is the proper plaintiff to assert the parish’s real and actual interest in the claim. Thus, St. Mary Parish has a right of action. Whether the coastal parish is entitled to any portion of the funds is an issue to be addressed at the trial on the merits' and not on an éxception of no right of action. Accordingly, the judgments of the lower courts sustaining the exception of no right of action are set aside, and the case is remanded to the district court for further proceedings.