Charles Branton v. Parish of St. Tammany and St. Tammany Parish Council

• Court: Louisiana Court of Appeal
• Decided: November 18, 2021
• Docket: 2021CW1295
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

CHARLES BRANTON NO. 2021 CW 1295

VERSUS PAGE 1 OF 2

PARISH OF ST. TAMMANY AND ST. TAMMANY PARISH COUNCIL

CONSOLIDATED WITH

JOHN G. RAYMOND

VERSUS

NOVEMBER 18, 2021 PARISH OF ST. TAMMANY AND ST. TAMMANY PARISH COUNCIL

In Re: John G. Raymond, applying for supervisory writs,

22nd Judicial District Court, Parish of St. Tammany, Nos. 2021- 12864 c/ w 2021- 12868.

BEFORE: WHIPPLE, C. J., GUIDRY, WELCH, HOLDRIDGE, AND CHUTZ, JJ.

WRIT GRANTED. The trial court' s October 20, 2021 judgment the exception sustaining of prematurity and dismissing plaintiff' s, John G. Raymond, claims seeking injunction is reversed. In the dilatory exception raising the objection of

prematurity, the exceptor bears the initial burden of showing that an administrative remedy or procedure applies, by reason of which the lawsuit is premature. Once the existence of an

administrative remedy is established, the burden then shifts

to the plaintiff to show that the specific administrative

remedy or procedure has been exhausted. Dutrey v. Plaquemine Manor Nursing Home, 2012- 1295 ( La. App. 1st Cir. 6/ 17/ 13), 205 So. 3d 934, 941. We find that defendant, St. Parish, Tammany failed to carry its burden of proof. We further find that as Mr. Raymond' s lawsuit is to enjoin the call of this election

due to the alleged unconstitutionality of the process in which the election was called and the proposed referendum placed on the ballot rather than the prospective result of the election, Mr. Raymond may petition the court for an injunction prior to the election, the merits of which should be determined prior to the election. See Louisiana Paddlewheels v. Louisiana Riverboat Gaming Commission, 94- 2015 ( La. 11/ 30/ 94), 646 So. 2d 885, 888 n. 4; Premier Games, Inc. v. State, 99- 1297 ( La. App. 1st Cir. 6/ 7/ 99), 739 So. 2d 852 ( per curiam), writs denied, 99- 1710, 99- 1679 ( La. 6/ 14/ 99), 745 So. 2d 15, 604, cert. denied, 528 U. S. 1062, 120 S. Ct. 617, 145 L. Ed. 2d 512 ( 1999).

VGW JMG

JEW WRC

Holdridge, J., dissents and would deny the writ. If the vote for the proposition fails, the issue is moot. STATE OF LOUISIANA

2021 CW 1295

PAGE 2 OF 2

Accordingly, the constitutionality of the election should not

be tested until after the election. If the proposition passes, then plaintiff may seek injunctive relief to enjoin the

enforcement of the proposition.

1/

DEPUTY CLERK OF COURT FOR THE COURT