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