Stevens v. St. Tammany Parish Government

212 So. 3d 568, 2016 La.App. 1 Cir. 0534, 2017 La. App. LEXIS 78
Louisiana Court of Appeal·Decided January 18, 2017·No. NO. 2016 CA 0534·Published·Cited by 11 cases

Opinion

THERIOT, J.

12This is a companion case to Stevens v. St. Tammany Parish Government, 16-0197 (La. App. 1 Cir. 1/18/17), 212 So.3d 562, handed down this same date. The plaintiffs-appellants, Terri Lewis Stevens and Jennifer Fruchtnicht, wife ofiand Craig Rivera (collectively “the petitioners”), appeal a judgment of the trial court in favor of the defendant-appellee, St. Tammany Parish Government (“STPG”), finding Ms. Stevens and her attorneys in contempt of court, ordering them to pay STPG certain costs and attorney fees, and ordering that a protective order be made [571]*571permanent. For the following reasons, we grant STPG’s motion to convert the sus-pensive appeal to a devolutive appeal, maintain the appeal, and affirm the trial court’s judgment.

FACTS AND PROCEDURAL BACKGROUND

On February 18, 2015, the petitioners filed a petition for injunctive relief, damages, and attorney fees against STPG. The petitioners claimed they were the owners of adjoining five-acre tracts of land located in St. Tammany Parish, Louisiana, bordering Dove Park Road; a thoroughfare owned and maintained by STPG, and which fronts the northern border of Dove Park Subdivision. The petitioners claimed that in the 1950s, STPG or its predecessor in interest approved the development of Dove Park Subdivision, which, as originally designed, did not affect the drainage of water on the petitioners’ property. However, the petitioners claimed that, in or around 2003, STPG conceived and executed a public works project to pave the streets within the subdivision, which changed the drainage of water in a manner that substantially and unlawfully burdened the petitioners’ property. The petitioners claimed that STPG then approved another public works -project to widen Dove Park Road in order to handle more drainage 13water, despite knowing that the project would substantially increase the drainage of water onto the petitioners’ property. Based upon the foregoing, the petitioners sought damages, permanent injunctive relief, mandamus relief, and a temporary restraining order and preliminary injunction prohibiting STPG from beginning or continuing work on the Dove Park Road widening project.

The petitioners removed their request for mandamus relief from the underlying suit and the trial court denied the petitioners’ request for a temporary restraining order. The issue of the preliminary injunction on the road widening project proceeded before the trial court for a hearing on March 27, 2015. In open court, on April 1, 2015, the trial court assigned oral reasons for judgment in favor of STPG. On April 20, 2015, the trial court signed a judgment in accordance with its oral ruling, denying the preliminary injunction and reserving judgment on all other matters for later determination. The trial court’s judgment on the preliminary injunction was lodged as the subject of the companion appeal under docket no. 2016 CA 0197.

Relevant for purposes of this appeal, before the trial court- signed the judgment on the preliminary injunction, an employee of STPG, Irma Russell, anonymously received a sealed envelope in her mailbox. The envelope was labeled with the name of Ms. Stevens, one of the petitioners herein. Ms. Russell was acquainted with Ms. Stevens and delivered the sealed envelope to her. Ms.- Stevens discovered that the envelope contained an electronic data storage device known as a “flash drive.” The flash drive contained digital copies of various documents associated with the property, drainage, and the public works project at issue in this suit.

|/Thereafter, according'to the minute entry for April 1, 2015, counsel for the petitioners made several statements to the trial court regarding new witnesses and documents relevant to the issue of the preliminary injunction; additionally, around this same time, the petitioners attempted to file a post-trial memorandum on the issue of the preliminary injunction. The > petitioners attached copies of three documents from the flash drive to the post-trial memorandum. The three documents, which are identified on appeal- as “Exhibits 28, 29, and 30,” had not been produced by STPG through discovery or [572]*572public records requests and had not been entered into evidence during the trial on the preliminary injunction.

On April 14, 2015, STPG submitted interrogatories and requests for production of documents to the petitioners regarding the source and scope of them acquisition of Exhibits 28, 29, and 30. The petitioners objected to the written discovery request. STPG responsively filed a motion to compel discovery. STPG sought to compel a response to—and the production of documents identified in response to—the following three interrogatories:

INTERROGATORY NO. 16: Please describe in detail how you came to possess Exhibit 28. Your response should state the . date you first received Exhibit 28, and identify: each person providing you with Exhibit 28, all documents associated with your receipt of Exhibit 28 and all communication's relating in any manner to your acquisition of Exhibit .28.
INTERROGATORY NO. 17: Please describe in detail how you came to possess Exhibit 29. Your response should state the date you first received Exhibit 29, and identify: each person providing you with Exhibit 29, all documents associated with your receipt of Exhibit 29 and all communications relating in any manner to your acquisition of Exhibit 29.
INTERROGATORY NO. 18: Please describe in detail how you came to possess Exhibit 30. Your response should state the date you first received Exhibit 30, and identify: each person providing you with Exhibit 30, all documents associated with | fiyour receipt of Exhibit 30 and all communications relating in any manner to your acquisition of Exhibit 30.

On June 15, 2015, the trial court held a hearing on STPG’s motion to compel discovery. Following the conclusion of the hearing, on June 16, 2016, the trial court signed a written judgment on the motion to compel discovery. The trial court ordered the petitioners make a full and complete response, without further objection and within five business days, to the subject interrogatories and requests for production.

On June 23, 2015, the petitioners answered the interrogatories. The petitioners stated that Exhibits 28, 29, and 30 were offered to Ms. Stevens as public records on or about March 27, 2015. The petitioners stated that Exhibits 28, 29, and 30 were offered to Ms. Stevens by Ms. Russell and that no substantive discussion took place at the time at which the documents were received. The petitioners did not provide any further explanation concerning then-receipt of Exhibits 28, 29, and 30. The petitioners did not identify or turn over the flash drive or the other electronic data stored upon the flash drive. The answers were verified and signed by Ms. Stevens.

On July 13, 2015, STPG deposed Ms. Stevens. Counsel for STPG questioned Ms. Stevens about her receipt of Exhibits 28, 29, and 30 and learned that Ms. Stevens had received additional documents that had not been produced by the petitioners in response to the court-ordered discovery. The following day, on July 14, 2015, counsel for the petitioners delivered a letter to the trial court along with the flash drive and all of the original electronic data stored upon the flash drive.

On July 23, 2015, STPG filed a motion for protective order, contempt of court, and sanctions against the petitioners.

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Stevens v. St. Tammany Parish Government, 212 So. 3d 568, 2016 La.App. 1 Cir. 0534, 2017 La. App. LEXIS 78 (La. Ct. App. 2017).

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