Opinion

Sandra Brown v. Louisiana State Bond Commission

Court
Louisiana Court of Appeal
Filed
Feb 18, 2020
Cited by
0 cases

The opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

SANDRA BROWN NO. 2019 CW 1636

VERSUS

LOUISIANA STATE BOND

FEB 18 2020

COMMISSION

In Re: Louisiana State Bond Commission, for

applying

supervisory writs, 19th Judicial District Court,

Parish of East Baton Rouge, No. 584449.

BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The portions of

the judgments of the trial court signed on November 13, 2019 and

November 18, 2019, which denied in part the Exception of

Peremption filed by the Louisiana State Bond Commission (" the

Commission"), is reversed. The claims of the plaintiff, Sandra

Brown (" Brown"), contest the legality of the resolution

authorizing the bonds and the validity of provisions and

proceedings relating to the authorization and issuance of bonds

and were required to be brought within

thirty days after the

December 18, 2018 publication of notice of intention to issue

the bonds. See La. Const. VII, § 8; La. R. S.

art. 48: 27( E).

However, Brown' s Petition for Declaratory and Injunctive Relief

was not filed until June 19, 2019. her

Accordingly, claims

against the Commission are

untimely and perempted. The

Commission' s Exception of Peremption is granted and Brown' s

claims are dismissed, with prejudice, moot

rendering

consideration of the grant in part and denial in part of the

Commission' s Exception of No Cause of Action. The writ is

denied as to the trial court' s on the Exception of Lack

ruling

of Subject Matter Jurisdiction.

TMH

AHP

WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY C ERK OF COURT

FOR THE COURT

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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