Metro Riverboat Associates, Inc. v. Louisiana Gaming Control Bd.

797 So. 2d 656, 2001 La. LEXIS 2852, 2001 WL 1223559
CourtSupreme Court of Louisiana
DecidedOctober 16, 2001
Docket2001-C-0185
StatusPublished
Cited by60 cases

This text of 797 So. 2d 656 (Metro Riverboat Associates, Inc. v. Louisiana Gaming Control Bd.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Metro Riverboat Associates, Inc. v. Louisiana Gaming Control Bd., 797 So. 2d 656, 2001 La. LEXIS 2852, 2001 WL 1223559 (La. 2001).

Opinion

797 So.2d 656 (2001)

METRO RIVERBOAT ASSOCIATES, INC.
v.
The LOUISIANA GAMING CONTROL BOARD.

No. 2001-C-0185.

Supreme Court of Louisiana.

October 16, 2001.
Rehearing Denied November 16, 2001.

*657 L. Rand Dennis, Richard P. Ieyoub, Attorney General, Thomas A. Warner, III, Counsel for Applicant.

Thomas W. Tucker, Lisa C. West, Tucker & West; John J. Cummings, III, Cummings, Cummings & Dudenhefer; Thomas J. Barbera, Christopher C. Pickren, Montgomery, Pickren & Barbera; Jane H. Barney, David P. Steiner, Counsel for Respondent.

KIMBALL, J.[*]

In this case, the Louisiana Gaming Control Board conditionally approved a transfer of an ownership interest in a riverboat gaming licensee from one corporation to a yet-to-be-formed corporation. A fellow holder of an ownership interest in that licensee appealed. For the following reasons, we conclude that neither lower court obtained appellate jurisdiction and that *658 this was not a proper case for the court of appeal's exercise of supervisory jurisdiction. Therefore, we affirm that portion of the court of appeal's judgment vacating the district court's judgment and dismissing the appeal, and we vacate the remainder of the court of appeal's judgment.

FACTS AND PROCEDURAL HISTORY

The Belle of Orleans is licensed to operate a riverboat gaming vessel. The Belle is made up of two partners, Bally's Louisiana, Inc., which owns 49.9%, and Metro Riverboats Associates, which owns 50.1%. Hilton Hotels Corporation is the parent company of Bally's.

In 1998, Hilton desired to spin-off its casino holdings to Park Place Entertainment Corporation and to merge Park Place with Grand Casino, Inc. The Louisiana Gaming Control Board informed Hilton that the transaction needed its approval. Hilton filed a petition with the board requesting such approval and Metro filed a petition contesting it.

The board held a public meeting on December 29, 1998, at which Metro and Hilton were heard and the Louisiana State Police (LSP) reported the results of its investigation into whether the transaction should be approved. At the conclusion of the meeting, the board adopted a resolution in which it approved the spin-off and merger subject to certain conditions.[2] Metro then filed objections to the board relating to the approval and requested a hearing before a hearing officer, but the board refused to docket an adjudicatory hearing.

Subsequently, Metro filed a "Petition Appealing [the] Decision of the Louisiana Gaming Control Board" in the Nineteenth Judicial District Court. Metro asserted jurisdiction pursuant to gaming statutes that allow for judicial review of decisions of the board, namely La. R.S. 27:26[3] and La. R.S. 27:89.[4] During a hearing, the district court judge admitted exhibits into evidence over the board's objection. The board asked the court whether they were following the procedure of an appeal or of a suit in the court's original jurisdiction, but the court did not address that issue. *659 The court vacated the board's resolution, finding that the board was without authority to conditionally approve the transfer, and that the board was required to hold a public hearing after the conclusion of an investigation by the LSP to determine whether the spin-off and merger should be approved pursuant to La. R.S. 27:68(E).

The board appealed to the first circuit, which affirmed the district court's judgment on original hearing. On rehearing, the first circuit concluded that the original panel was correct on the merits, but that it should review the case under its supervisory jurisdiction. The court found that because the board's action was not final, it was not an appealable judgment over which the district court had jurisdiction. Therefore, the first circuit vacated the decision of the district court and dismissed the appeal. It decided, however, to accept the case under its supervisory jurisdiction.

The court then turned to the merits of the case and concluded that conditional prior approval of the transfer was not authorized by the gaming provisions and vacated the December 29, 1998 resolution of the board. The court then agreed with the district court's ruling that the board be required to conduct a public hearing to determine whether the spin-off and merger should be approved, adopting the opinion of the original three-judge panel of the court of appeal.

We granted certiorari to consider whether jurisdiction was properly exercised in this case. Metro Riverboat Assocs. v. Louisiana Gaming Control Bd., 01 C 0185 (La 6/1/01), 793 So.2d 188.

LAW AND DISCUSSION

Initially, the board argues that Metro's appeal to the district court was not authorized by the gaming laws and therefore the court of appeal was correct in vacating the district court's decision, but that it erred in deciding the merits of the case under its supervisory jurisdiction. The board further contends that the court of appeal erred in reaching the merits of this case because, as an improper appeal, there was no record upon which it could conduct a meaningful review. Metro, on the other hand, argues that the appeal was proper and, alternatively, that its suit invoked the district court's original jurisdiction so that its resolution of the case was proper. For the reasons that follow, we conclude that the district court did not have appellate jurisdiction over the case, that it did not exercise original jurisdiction over the case, and that its judgment was therefore void. Because the district court's judgment was void due to a lack of jurisdiction, the court of appeal also lacked jurisdiction to address the merits of the case.

The Louisiana Gaming Control Law, La. R.S. 27:1, et seq., establishes the Louisiana Gaming Control Board, which "shall regulate all gaming activities and operations in the state." La. R.S. 27:15(A). Additionally, the board shall "[h]ave all regulatory authority, control, and jurisdiction, including investigation, licensing, and enforcement, and all power incidental or necessary to such regulatory authority, control, and jurisdiction over all aspects of gaming activities and operations as authorized pursuant to the provisions of the Louisiana Economic Development and Gaming Corporation Act." La. R.S. 27:15(B)(1). The Louisiana Gaming Control Law also provides that appeals from any decision of the board shall be filed in the Nineteenth Judicial District Court and shall be reviewed solely on the record. La. R.S. 27:26. Further, it provides that any person adversely affected by an action, order, or decision of the board may appeal to the Nineteenth Judicial District Court in accordance with the provisions of the Administrative Procedure *660 Act. La. R.S. 27:89.[5]

These review provisions are authorized by La. Const. art. V, § 16(B), which states that "[a] district court shall have appellate jurisdiction as provided by law." As we explained in In re American Waste & Pollution Control, 588 So.2d 367, 371 (La.1991), judicial review of the decision of an administrative agency, such as the board, is an exercise of a court's appellate jurisdiction pursuant to La. Const. art. V, § 16(B). On the other hand, district courts are granted original jurisdiction in all civil matters by La. Const. art.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Interdiction of Robert E. Cockerton
Louisiana Court of Appeal, 2022
Franklin v. City of Alexandria
272 So. 3d 120 (Louisiana Court of Appeal, 2019)
Joseph v. Secretary, Louisiana Department Of Natural Resources
265 So. 3d 945 (Louisiana Court of Appeal, 2019)
Unisys Corp. v. La. Office of Motor Vehicles
270 So. 3d 637 (Louisiana Court of Appeal, 2018)
Quatrevingt v. State
242 So. 3d 625 (Louisiana Court of Appeal, 2018)
Board of Ethics In re Savoie
224 So. 3d 1246 (Louisiana Court of Appeal, 2017)
American Turbine Technology, Inc. v. Omni Bancshares, Inc.
222 So. 3d 189 (Louisiana Court of Appeal, 2017)
Louisiana Chemical Ass'n v. State, Louisiana Department of Revenue
217 So. 3d 455 (Louisiana Court of Appeal, 2017)
Goers v. Mayfield
195 So. 3d 1 (Louisiana Court of Appeal, 2016)
Harvey v. State
183 So. 3d 684 (Louisiana Court of Appeal, 2015)
Blake International U.S.A. Rigs, L.L.C. v. State
182 So. 3d 169 (Louisiana Court of Appeal, 2015)
Willis v. City of New Orleans
143 So. 3d 1232 (Louisiana Court of Appeal, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
797 So. 2d 656, 2001 La. LEXIS 2852, 2001 WL 1223559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metro-riverboat-associates-inc-v-louisiana-gaming-control-bd-la-2001.