Louisiana Convenience And Vape Store Association, Inc. v. Ernest P. Legier, Jr. Commissioner, Louisiana Alcohol And Tobacco Control, and Kevin Richard, Secretary, Louisiana Department Of Revenue

• Court: Louisiana Court of Appeal
• Decided: April 2, 2024
• Docket: 2024CW0237
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT LOUISIANA CONVENIENCE AND NO. 2024 CW 0237 VAPE STORE ASSOCIATION, INC.

VERSUS ERNEST P. LEGIER, JR. COMMISSIONER, LOUISIANA ALCOHOL AND TOBACCO CONTROL, AND KEVIN RICHARD, SECRETARY LOUISIANA DEPARTMENT OF APRIL 2, 2024 REVENUE

In Re: Ernest P. Legier, Jr., Commissioner of the Louisiana Office of Alcohol and Tobacco Control and Richard Nelson, Secretary of the Department of Revenue, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 740120.

BEFORE: WELCH, WOLFE, AND STROMBERG, J J.

STAY DENIED; WRIT GRANTED WITH ORDER.The district court's February 21, 2024 order denying as moot the motion for suspensive appeal filed by defendants, Ernest P. Legier, Jr., in his official capacity as Commissioner, Louisiana Alcohol and Tobacco Control, and Kevin Richard, in his official capacity as Secretary, Louisiana Department of Revenue, is reversed. The district court has granted a preliminary injunction "which may restrain the execution or enforcement" of enacted laws of the legislature of Louisiana, and "the defendant or defendants or any person or persons affected thereby, may suspensively appeal the order or judgment" pursuant to La. R.S. 13:4431. Accordingly, the district court is ordered to grant defendants' motion for suspensive appeal pursuant to La. R.S. 13:4431 on or before April 9, 2024. See Womack v. Louisiana Commission on Governmental Ethics, 193 So.2d 777 (La. 1967); See also Manuel v. State, 95-2189 (La. 3/8/96), 692 So.2d 320.

JEW EW TPS

COURT OF APPEAL, FIRST CIRCUIT

a.,.o DEPUT~ERK OF COURT FOR THE COURT