State ex rel. Plaquemines Parish School Board v. Louisiana Department of Natural Resources

99 So. 3d 1028, 2011 La.App. 4 Cir. 1734, 2012 WL 3854957, 2012 La. App. LEXIS 1107
CourtLouisiana Court of Appeal
DecidedSeptember 5, 2012
DocketNo. 2011-CA-1734
StatusPublished

This text of 99 So. 3d 1028 (State ex rel. Plaquemines Parish School Board v. Louisiana Department of Natural Resources) 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
State ex rel. Plaquemines Parish School Board v. Louisiana Department of Natural Resources, 99 So. 3d 1028, 2011 La.App. 4 Cir. 1734, 2012 WL 3854957, 2012 La. App. LEXIS 1107 (La. Ct. App. 2012).

Opinion

JAMES F. McKAY III, Judge.

|Jn this action on a petition for declaratory judgment and accounting for oil and gas revenues, the defendant, Louisiana Department of Natural Resources, appeals the trial court’s granting of a partial summary judgment in favor of the plaintiff, State of Louisiana ex rel. Plaquemines Parish School Board. We affirm. We also deny the defendant’s exceptions of no cause of action and prescription.

FACTS AND PROCEDURAL HISTORY

This case involves a dispute between the Plaquemines Parish School Board and the Louisiana Department of Natural Resources over the School Board’s rights to Sixteenth Section lands subject to the School Lands Trust and to the mineral revenues generated from those lands. Pursuant to federal law, federal public lands which were transferred by the United States to Louisiana were to be surveyed [1030]*1030and demarcated into “townships” which were, in turn, subdivided into thirty-six numbered “sections”. The “Sixteenth Section” of each township was reserved for the benefit of public schools. Likewise, the proceeds from the sale, lease, etc. of these “Sixteenth Sections” was to benefit public schools. This litigation, involving 12whether or not certain areas in Plaque-mines Parish are Sixteenth Section lands and who is entitled to the revenue from those lands, has been ongoing for nearly three decades and has been before this Court on at least four previous occasions.

In State of Louisiana ex rel Plaquemines Parish School Board v. Plaquemines Parish Government, 593 So.2d 958 (La.App. 4 Cir.1992) (PPG I), this Court held that any Sixteenth Section lands in Plaquemines Parish that composed water bottoms on the date that Louisiana was admitted to the Union were not subject to the School Lands Trust. In State of Louisiana ex rel Plaquemines Parish School Board v. Plaquemines Parish Government, 652 So.2d 1 (La.App. 4 Cir.1994) (PPG II), this Court held that the School Board was the proper party to recover royalties erroneously paid to the Plaque-mines Parish Government, who claimed title to all Sixteenth Sections in Plaque-mines Parish. This Court further held that a cause of action lay for recovery of the sections and that the defenses of lach-es, estoppel, and prescription did not lie. Id.

In State of Louisiana ex rel Plaquemines Parish School Board v. Plaquemines Parish Government, 96-0936 (La.App. 4 Cir. 2/26/97), 690 So.2d 232 (PPSB I), the School Board sought to recover oil and gas revenues from certain Sixteenth Sections in possession of the Parish Government. The School Board alleged that the lands were Sixteenth Sections that were reserved by federal law for the benefit of schools at the time that the various lands were transferred from the United States to Louisiana. The Parish Government alleged that the lands at issue were “sovereignty lands” (i.e. lands which were either water bottoms underlying | onavigable waters or lands affected by the ebb and flow of the tides when Louisiana was admitted to the Union as a state in 1812). The trial court ruled and this Court affirmed that eight of the thirteen sections at issue were Sixteenth Sections while five were not. Included in the Sixteenth Sections was the one located in Township 21 South, Range 27 East.

In Hunt Petroleum Corp. v. Texaco, Inc., 2004-0729 (La.App. 4 Cir. 12/1/04), 891 So.2d 36 (PPSB II), Hunt Petroleum filed a concursus proceeding and deposited into the registry of the court funds accruing from various oil, gas, and mineral leases in Plaquemines Parish. The trial court found that the School Board was entitled to the funds attributable to “any or all Sixteenth Sections located in Township 21 South, Range 27 East.”1 This Court affirmed, holding that that issue had already been decided in PPSB I.

That brings us to the instant case. The School Board brought an action to have the State, through the Department of Natural Resources, account for revenues it has received from producing units that contain acreage included in the Sixteenth Sections lands located in Township 21 S, Range 27 E. The School Board filed a motion for summary judgment, asking the court to order the State to account for the royalties it has received from the leases at issue, plus interest. The School Board also requested reasonable costs and attorneys’ fees. The trial court granted the motion for summary judgment in part, ordering

[1031]*1031the Department of Natural Resources to provide an accounting.2 The trial court denied the School Board’s ^request for attorneys’ fees and costs. It is from this judgment that the Department of Natural Resources now appeals. The Department of Natural Resources has also filed exceptions of no cause of action and prescription which are now before this Court. DISCUSSION

On appeal, the defendant raises the following assignments of error: 1) the trial court erred in granting the motion for partial summary judgment on the basis that the State’s prior participation in PPSB I and/or PPSB II bars the State?s present claims to mineral revenue in Section 16; 2) the trial court erred in granting a motion for partial summary judgment which is contrary to established codal principles and jurisprudence pertaining to summary judgment; 3) the trial court erred in awarding a monetary sum to the School Board where the School Board did not pray for monetary sum or allege a cause of action for recovery of a monetary sum in its petition; and 4) the trial court erred in accepting the assertions contained in the affidavits submitted on behalf of appellee which were not based on personal knowledge.

Summary Judgment

Appellate courts review summary judgments de novo under the same criteria that govern the district court’s consideration of whether summary judgment is appropriate. Schroeder v. Board of Supervisors of Louisiana State University, 591 So.2d 342, 345 (La.1991). A court must grant a motion for summary judgment “if the pleadings, depositions, answers to interrogatories, and admissions on file, | .Together with the affidavits, if any, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law.” La. C.C.P. art. 966(B). Pursuant to a 1996 amendment to the summary judgment article, the summary judgment procedure is now favored under our law. La. C.C.P. art. 966(A)(2).

Paragraph C(2) of Article 966 provides:

The burden of proof remains with the movant. However, if the movant will not bear the burden of proof at trial on the matter that is before the court on the motion for summary judgment, the movant’s burden on the motion does not require him to negate all essential elements of the adverse party’s claim, action, or defense, but rather to point out to the court that there is an absence of factual support for one or more elements essential to the adverse party’s claim, action, or defense. Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact.

The burden of proof does not shift to the party opposing the summary judgment until the moving party first presents a prima facie case that no genuine issues of material fact exist. Hood v. Cotter, 2008-0215 (La.12/2/08), 5 So.3d 819.

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99 So. 3d 1028, 2011 La.App. 4 Cir. 1734, 2012 WL 3854957, 2012 La. App. LEXIS 1107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-plaquemines-parish-school-board-v-louisiana-department-of-lactapp-2012.