Edgecombe v. Board of Levee Commissioners

650 So. 2d 1249, 94 La.App. 4 Cir. 1493, 1995 La. App. LEXIS 368, 1995 WL 73471
CourtLouisiana Court of Appeal
DecidedFebruary 23, 1995
DocketNos. 94-CA-1493, 94-CA-1554
StatusPublished
Cited by2 cases

This text of 650 So. 2d 1249 (Edgecombe v. Board of Levee Commissioners) 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
Edgecombe v. Board of Levee Commissioners, 650 So. 2d 1249, 94 La.App. 4 Cir. 1493, 1995 La. App. LEXIS 368, 1995 WL 73471 (La. Ct. App. 1995).

Opinion

1 PLOTKIN, Judge.

The sole issue in this appeal is whether two trial court judges properly granted exceptions of no cause of action dismissing the plaintiffs’ suits against defendant Bass Production Co., the mineral lessee on property that was recently returned to the plaintiffs by defendant Orleans Levee Board (OLB). For the reasons that follow, we affirm.

Facts

This controversy arises out of the interpretation of Act 233 of 1984 and its amendments, Act 819 of 1985 and Act 847 of 1992, that ordered OLB to return to former owners or their successors land expropriated and purchased under threat of expropriation during the late 1920’s to construct a spillway at the site of the former Bohemia Plantation, 50 miles downriver from New Orleans on the east bank of the Mississippi River. The original 1984 act declared that the public purpose for taking the property expropriated for that project had ceased to exist, as authorized by a 1973 Louisiana Constitutional act.

The plaintiffs in these two casés, which have been consolidated for appeal, are successful applicants who were declared owners of the property and given quitclaim deeds to the property between 1991 and 1993, following an application and certification process that began on April 1,1987. The two groups of plaintiffs each filed a “Petition for ^Declaratory and Money Judgment” against OLB and Bass seeking mineral royalties paid by Bass to OLB during the “interim period” between the effective date of Act 233 of 1984 and the dates on which Bass began to pay royalties to the landowners after they received quitclaim deeds to the property. Bass filed exceptions of no cause of action and prescription. Two different trial court judges granted the exceptions of no cause of action, but not the exceptions of prescription. The landowners appealed the granting of the exceptions of no cause of action. Bass answered the appeals, asking this court to consider the exceptions of prescription, in the event we decide to reverse the granting of the exceptions of no cause of action. The appeals were consolidated by this court. Analysis

This appeal is hotly contested; the plaintiffs filed an extensive brief in which they assigned eight reasons why they believe the trial eourt judges improperly granted the exceptions of no cause of action in favor of Bass. Both Bass and the OLB filed extensive briefs answering all of the plaintiffs’ arguments, claiming that the trial judges properly granted the exceptions of no cause of action. The parties suggest that the question to be answered in determining the controversy is whether Act 233 of 1984 was self-operative, in which case the plaintiffs gained ownership rights in the property oh the effective date of the act (June 29, 1984), or whether the act became operative only through an application and certification procedure designed and implemented by the Department of Natural Resources (DNR), in which ease the landowners gained no ownership rights in the property until after the completion of that process, which determined their rights to the property.

However, we see the issues in this particular appeal much more simply. Bass claims that it could not be liable to the plaintiffs-for the mineral royalties because it has already paid those royalties to OLB pursuant to its lease contract; thus, the plaintiffs have no cause of action against Bass.

The Louisiana Supreme Court recently explained as follows:

The purpose of an exception of no cause of action is to determine the sufficiency in law of the petition. The exception is triable on the face of the papers and for the purposes of ^determining the issues raised by the exception, the well pleaded facts in the petition must be accepted as true.

City of New Orleans v. Board of Commissioners, 93-0690, p. 2 (La. 7/5/94), 640 So.2d 237, 241 (citations omitted). The court also explained the standard for granting an exception of no cause of action as follows:

The burden of demonstrating that no cause of action has been stated is upon the [1251]*1251mover or exceptor. In deciding the exception of no cause of action, the court must presume all factual allegations of the petition to be true and all reasonable inferences are made in favor of the non-moving party. In reviewing a trial court’s ruling sustaining an exception of no cause of action, the court of appeal and [the supreme] court should subject the case to de novo review because the exception raises a question of law and the lower court’s decision is based only on the sufficiency of the petition.
In appraising the sufficiency of the petition we follow the accepted rule that a petition should not be dismissed for failure to state a cause of action unless it appears beyond doubt that the plaintiff can prove no set of facts in support of any claim which would entitle him to relief. The question therefore is whether in the light most favorable to plaintiff, and with every doubt resolved in his behalf, the petition states any valid cause of action for relief. The petition should not be dismissed merely because plaintiffs allegations do not support the legal theory he intends to proceed on, since the court is under a duty to examine the petition to determine if the allegations provide for relief on any possible theory.
As a practical matter, an exception of no cause of action is likely to be granted only in the unusual case in which the plaintiff includes allegations that show on the face of the petition that there is some insuperable bar to relief. In other words, dismissal is justified only when the allegations of the petition itself clearly demonstrate that the plaintiff does not have a cause of action, or when its allegations indicate the existence of an affirmative defense that appears clearly on the face of the pleading.

Id. at p. 28-29, 640 So.2d at 253 (citations omitted).

Thus, in the instant case, this court is required to make a de novo review of the plaintiffs’ petitions to determine whether the facts alleged, accepted in the fight most favorable to them, and with every doubt resolved in their behalf, are sufficient to support a cause of action against Bass under any legal theory of recovery.

In their petitions,1 the landowners asserted, in pertinent part, as follows:

IX.
I4AS of June 29, 1984, the effective date of Act 233 of 1984, the Levee Board was divested of any interest in the Property, and the Landowners became vested with all rights to the Property, including mineral production therefrom, and a right to receive a title to the property subject to the outstanding Bass mineral lease.
X.
The Landowners seek a declaratory judgment decreeing that all rights mineral [sic] and other royalty interest in the Property that was expropriated or purchased under the threat of expropriation became theirs or their predecessors as of June 29, 1984, the effective date of Act 233 of 1984.
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XIII.

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Vogt v. Board of Levee Com'rs
680 So. 2d 149 (Louisiana Court of Appeal, 1996)
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659 So. 2d 512 (Louisiana Court of Appeal, 1995)

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Bluebook (online)
650 So. 2d 1249, 94 La.App. 4 Cir. 1493, 1995 La. App. LEXIS 368, 1995 WL 73471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edgecombe-v-board-of-levee-commissioners-lactapp-1995.