Wood Materials, LLC v. City of Harahan

Supreme Court of Louisiana

Wood Materials, LLC v. City of Harahan

266 So. 3d 894

CourtSupreme Court of Louisiana

DecidedMarch 25, 2019

DocketNO. 2019-C-0018

StatusPublished

This text of 266 So. 3d 894 (Wood Materials, LLC v. City of Harahan) 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

Wood Materials, LLC v. City of Harahan, 266 So. 3d 894 (La. 2019).

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Opinion

PER CURIAM

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Granted. The City of Harahan is not an instrumentality of the Parish of Jefferson for purposes of the three-year prescriptive period in La. R.S. 9:5625(C). See generally Slowinski v. England Economic and Industrial Develop. Dist. , 02-0189 (La. 10/15/02), 828 So.2d 520 ; Polk v. Edwards , 626 So.2d 1128 (La. 1993). Rather, the City of Harahan is properly classified as a municipality, which is governed by the five-year prescriptive period set forth in La. R.S. 9:5625(A)(3). Applying this statute, the reconventional demand filed by the City of Harahan is timely.

Accordingly, the judgment of the court of appeal, which affirmed the district court's judgment granting the exception of prescription, is reversed. The exception of prescription is denied, and the case is remanded to the district court for further proceedings.

GUIDRY, J., recused

HUGHES, J., would deny the writ.

GENOVESE, J., would deny.

Guidry, J. recused.

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PER CURIAM

*

Granted. The City of Harahan is not an instrumentality of the Parish of Jefferson for purposes of the three-year prescriptive period in La. R.S. 9:5625(C). See generally Slowinski v. England Economic and Industrial Develop. Dist. , 02-0189 (La. 10/15/02), 828 So.2d 520 ; Polk v. Edwards , 626 So.2d 1128 (La. 1993). Rather, the City of Harahan is properly classified as a municipality, which is governed by the five-year prescriptive period set forth in La. R.S. 9:5625(A)(3). Applying this statute, the reconventional demand filed by the City of Harahan is timely.

Accordingly, the judgment of the court of appeal, which affirmed the district court's judgment granting the exception of prescription, is reversed. The exception of prescription is denied, and the case is remanded to the district court for further proceedings.

GUIDRY, J., recused

HUGHES, J., would deny the writ.

GENOVESE, J., would deny.

Guidry, J. recused.

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Bluebook (online)

266 So. 3d 894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-materials-llc-v-city-of-harahan-la-2019.

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