Board of Regents v. Board of Trustees for State Colleges & Universities

479 So. 2d 931, 29 Educ. L. Rep. 861, 1985 La. App. LEXIS 10299
CourtLouisiana Court of Appeal
DecidedNovember 19, 1985
DocketNo. 84 CA 1008
StatusPublished
Cited by3 cases

This text of 479 So. 2d 931 (Board of Regents v. Board of Trustees for State Colleges & Universities) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Regents v. Board of Trustees for State Colleges & Universities, 479 So. 2d 931, 29 Educ. L. Rep. 861, 1985 La. App. LEXIS 10299 (La. Ct. App. 1985).

Opinion

JOHN S. COVINGTON, Judge.

The Board of Regents, hereafter “Regents”, a Constitutional agency of the state, sued the Board of Trustees for State Colleges and Universities, hereafter “Trustees”, another Constitutional agency of the state, all members of the Trustees, the Trustees’ Executive Director and Secretary, and the University of Southwestern Louisiana, to nullify the April 27, 1984 motion changing the University’s name. The District Court issued a temporary restraining order on May 10, 1984 and, after a hearing on the suit for declaratory judgment and permanent injunction, declared the name change action of the Trustees unconstitutional. Defendants appealed the judgment rendered on May 22 and signed May 24, 1985, asserting that Article 5, Section 10(A)(1) confers appellate jurisdiction on us. The Regents filed a motion to dismiss this appeal because the Regents believed the enactment of Act 656 of 1984, effective September 3, 1984, rendered moot the issues raised by the Trustees’ appeal. The Regents’ motion was denied. 460 So.2d 80 (La.App.1st Cir.1984).

FACTS

The Trustees, at a regularly scheduled meeting held on April 27, 1984, adopted a motion to change the name of the University of Southwestern Louisiana to the University of Louisiana. The Trustees “don’t [933]*933operate ... by resolution, as some of the other boards do, but ... there was a motion, a second, and the Board approved the moved action.”1

DISTRICT COURT PROCEEDINGS

The Trial Court declared “the action of the [Trustees] ... at its meeting of April 27,1984, to change the name of the University of Southwestern Louisiana to the University of Louisiana ... to be an action not within the powers vested in the ... Trustees by the Constitution and laws of ... Louisiana, and therefore the ... action is hereby declared to be null and void and without effect” and enjoined defendants, collectively and individually, from using the name “University of Louisiana” to identify the University of Southwestern Louisiana. The Trial Judge assigned extensive oral reasons for his judgment and held, in pertinent part, as follows:

This Court finds that the Constitution, in using the words “supervision and management” and statutes using the words “supervision and management,” do not entail the right to change the name of a state university. Inasmuch as the Constitution has not given those powers to the Board of Trustees, Board of Regents, or any other board that I can find, then those powers are vested in the Legislature.
... I ... declare that neither the Board of Trustees nor the Board of Regents, but only the Legislature, has the authority to change the name of a state university.

APPELLATE JURISDICTION

None of the parties before this Court, including plaintiff-appellee Regents, amicus curiae, Board of Supervisors of Louisiana State University and Agricultural & Mechanical College, or amicus curiae, University of Southwestern Louisiana Alumni Association, question defendants-appellants’ jurisdictional statement, in the original brief, that we have “jurisdiction over this matter under Article V Section 10 of the Louisiana Constitution, which grants Courts of Appeal appellate jurisdiction over all civil matters decided within its circuit.” However, the Court of Appeal, on its own motion, is required to notice its lack of jurisdiction. C.C.P. art. 2162; Thomas v. Department of Corrections, 430 So.2d 1153 (La.App. 1st Cir.1983), writs denied, 435 So.2d 432 (La.1983) and 438 So.2d 566 (La.1983). During oral argument we questioned counsel for both Trustees and Regents whether this Court has appellate jurisdiction of this matter. We granted both sides five days to submit supplemental briefs on appellate jurisdiction. Our independent research prior to oral argument revealed the ¡existence of Merchant v. Fuselier, Chapman v. Bordelon, Melancon v. State Board of Education, Theriot v. Terrebonne Parish Police Jury, Gilbert v. Catahoula Parish Police Jury, and Benelli v. City of New Orleans, cited infra, and we suggested both parties use Melancon v. State Board of Education as a point of departure in addressing the issue of appellate jurisdiction in their briefs.

Article 5, §§ 5(D) and 10(A) of the Louisiana Constitution of 1974 provides, in pertinent part, as follows:

Section 5(D)
In addition to other appeals provided by this constitution, a case shall be ap-pealable to the supreme court if (1) a law or ordinance has been declared unconstitutional or ...” .(Emphasis supplied.) Section 10(A)
“Except as provided by this constitution, a court of appeal has appellate jurisdiction of (1) all civil matters, ...” (Emphasis supplied.)

Article VII, § 10 of the Louisiana Constitution of 1921 provided, in pertinent part, that:

“The following cases only shall be ap-pealable to the Supreme Court:
“(2) Cases in which an ordinance of a parish, municipal corporation, board or subdivision of the state, or a law of this [934]*934state has been declared unconstitutional;” (Emphasis supplied.)

Defendants-appellants’ supplemental brief succinctly states that Melancon v. State Board of Education, 249 La. 604, 188 So.2d 419 (1966), which interpreted “ordinance”, as used in Article VII, Section 10, to include “resolutions of a state board ... remains valid today” and states further that the action of the Trustees changing the name of the institution “could be a law or ordinance under the recent Bennelli [sic] case”, decided by the Supreme Court of Louisiana on September 10, 1986. 474 So.2d 1293 (1985). Trustees assert the validity of Melancon “although the language of Art. VII, Sec. 10” of the 1921 Constitution contained the prepositional phrase “of a parish, municipal corporation, board or subdivision of this state” following the term “ordinance”. The prepositional phrase was deleted from the direct appeal provision of the 1974 Constitution. Regents’ supplemental brief strongly urges us to believe the elimination of the quoted prepositional phrase from the wording of the 1974 Constitution was “significant and deliberate; it can only be interpreted as an explicit change of the then-existing law as represented by the Melancon decision.” Regents argue that:

“... The change in the language of the equivalent jurisdictional section of the 1974 Constitution evidences the clear intention of the Constitutional Convention delegates to eliminate from the appellate jurisdiction of the Supreme Court cases wherein the action of a state board, such as the Board of Trustees, has been declared unconstitutional.”

In support of its argument, Regents rely on language from Benelli, to wit:

... The wording of this constitutional provision and the convention debates make it clear that an. appeal of right pertaining to an ordinance may be taken only when the legislative act of a governing body, a body which exercises the legislative functions of a political subdivision, has been declared unconstitutional....

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Board of Regents v. BD. OF TRUSTEES FOR STATE COLLEGES AND UNIVERSITIES
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Bluebook (online)
479 So. 2d 931, 29 Educ. L. Rep. 861, 1985 La. App. LEXIS 10299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-regents-v-board-of-trustees-for-state-colleges-universities-lactapp-1985.