Williams v. Galliano

Supreme Court of Louisiana

Williams v. Galliano

703 So. 2d 1283, 1997 La. LEXIS 3753, 1997 WL 741440

CourtSupreme Court of Louisiana

DecidedNovember 14, 1997

DocketNo. 97-CC-1972

StatusPublished

Cited by1 cases

This text of 703 So. 2d 1283 (Williams v. Galliano) 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

Williams v. Galliano, 703 So. 2d 1283, 1997 La. LEXIS 3753, 1997 WL 741440 (La. 1997).

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Opinion

In re State of Louisiana; Environmental Quality, Dept, of; — Defendant(s); applying for supervisory and/or remedial writs; Parish of Terrebonne, 32nd Judicial District Court, Div. “C”, Nos. 98,839, 100,503; to the Court of Appeal, First Circuit, No. CW96 0690R.

Granted. Even assuming that the State, through the Department of Environmental Quality, has some duty to monitor landfills for compliance with permit regulations, that duty does not extend to third parties (espe-daily where the third party’s injury is unrelated to the regulation of environmental conditions). See Berry v. State, DHHR, 93-2748 (La. 5/23/94), 637 So.2d 412. Accordingly, the judgment of the trial court is reversed, and judgment is entered in favor of the State, dismissing it from the suit.

CALOGERO, C.J., and LEMMON, J., would grant and docket. JOHNSON, J., would deny the writ. KIMBALL, J., not on panel.

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In re State of Louisiana; Environmental Quality, Dept, of; — Defendant(s); applying for supervisory and/or remedial writs; Parish of Terrebonne, 32nd Judicial District Court, Div. “C”, Nos. 98,839, 100,503; to the Court of Appeal, First Circuit, No. CW96 0690R.

Granted. Even assuming that the State, through the Department of Environmental Quality, has some duty to monitor landfills for compliance with permit regulations, that duty does not extend to third parties (espe-daily where the third party’s injury is unrelated to the regulation of environmental conditions). See Berry v. State, DHHR, 93-2748 (La. 5/23/94), 637 So.2d 412. Accordingly, the judgment of the trial court is reversed, and judgment is entered in favor of the State, dismissing it from the suit.

CALOGERO, C.J., and LEMMON, J., would grant and docket. JOHNSON, J., would deny the writ. KIMBALL, J., not on panel.

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Bluebook (online)

703 So. 2d 1283, 1997 La. LEXIS 3753, 1997 WL 741440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-galliano-la-1997.

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