The opinion
STATE OF LOUISIANA
COURT OF APPEAL
FIRST CIRCUIT
2026 CA 0048
TIMOTHY SOIGNE T IN HIS OFFICIAL CAPACITY AS
SHERIFF AND EX OFFICIO TAX COLLECTOR OF
TERREBONNE PARISH
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I /-
VERSUS
LOUISIANA TAX COMMISSION, CRAIG ROUSSEL IN HIS
OFFICIAL CAPACITY AS CHAIRMAN OF THE LOUISIANA
TAX COMMISSION, LONEY GRABERT IN HIS OFFICIAL
CAPACITY AS TAX ASSESSOR OF TERREBONNE PARISH
AND BLAKE INTERNATIONAL RIGS LLC
Judgment Rendered:_ JUN 18 2026
On Appeal from the Board of Tax Appeals
State of Louisiana
BTA Docket Number L02449
Honorable Francis J. " Jay" Lobrano, Chairman and Local Tax Judge Presiding
Honorable Lisa Woodruff -White (Ret.), Local Tax Judge Pro Tempore Presiding
William F. Dodd Counsel for Plaintiff/Appellant,
W. Seth Dodd Sheriff Timothy Soignet, in his
Houma, Louisiana Official Capacity as Sheriff and Tax
Collector of Terrebonne Parish
Matthew A. Sherman Counsel for Defendant/Appellee,
George A. Mueller Blake International Rigs, LLC
Patrick R. Follette
Nicholas R. Varisco
Metairie, Louisiana
Franklin " Drew" Hoffman Counsel for Defendants,
Scott G. Wheat, Jr. Louisiana Tax Commission; and
Baton Rouge, Louisiana Craig Roussel, in his Official Capacity as
Chairman of the Louisiana Tax Commission
Brian A. Eddington Counsel for Defendant,
Baton Rouge, Louisiana Loney Grabert, in his Official Capacity as
Assessor of Terrebonne Parish
BEFORE: THERIOT, BALFOUR, AND HAGGERTY,' JJ.
1 Honorable Bryan D. Haggerty is serving pro tempore by special appointment of the Louisiana
Supreme Court.
HAGGERTY, J.
Timothy Soignet, in his Official Capacity as Sheriff and Ex Officio Tax
Collector of Terrebonne Parish, appeals a judgment rendered on August 7, 2025,
sustaining an exception of no right of action filed by Blake International Rigs, LLC
and dismissing his suit filed with the Board of Tax Appeals (" BTA"). After review,
we affirm the portion of the judgment that sustained Blake International' s exception
of no right of action and dismissed Sheriff Soignet' s claims against Blake
International. We reverse the portion of the judgment that dismissed Sheriff
Soignet' s claims against Terrebonne Parish Assessor, Loney Grabert; the Louisiana
Tax Commission; and Craig Roussel, in his Official Capacity as Chairman of the
Louisiana Tax Commission, as the claims against these defendants remain pending.
From 2009 to 2018, Blake International owned drilling rigs and associated
equipment, which Assessor Grabert assessed for ad valorem tax purposes.
In accordance with the assessment, Sherrif Soignet, as tax collector for Terrebonne
Parish, levied ad valorem taxes on Blake International' s property and issued tax bills
to the company. Blake International paid the taxes owed each year and did not pay
under protest ( La. R.S. 47: 2134) or raise any claim of exemption from taxation at
the time of payment.
In April 2020, Blake International filed claims for refund of taxes pursuant to
La. R.S. 47:2132, seeking a refund of ad valorem taxes paid for tax years 2010
through 2018. Upon receiving the request, the tax commission solicited and received
Assessor Grabert' s advice concerning the request as required by La. R.S.
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47: 2132( A)( 1). 2 Assessor Grabert determined that some but not all of Blake
International' s assessed property was eligible for exemption; however, only the
claims for refund for tax years 2017 and 2018 were timely. The tax commission
subsequently granted Blake International' s refund claims for tax years 2017 and
2018 but denied the requests for the remaining years as untimely pursuant to
La. R.S. 47: 2132( A)( 1). Blake International did not appeal the denial of its claims
for refund. See La. R.S. 47: 2132( D).
In November 2022, Blake International re -filed claims for refund for tax years
2010 through 2016. Assessor Grabert reminded the tax commission that it
previously rejected Blake International' s claims for refund for these tax years as
untimely. It appears the tax commission took no action on Blake International' s
November 2022 claims for refund.3
Undeterred, Blake International filed a third set of claims for refund in May
2024, this time seeking a refund for taxes paid from 2009 through 2016. The tax
commission again solicited Assessor Grabert' s advice, who took "no position on the
question of whether refunds are owed to Blake International for the taxes levied"
2 Prior to its amendment, effective January 1, 2026, La. R.S. 47: 2132(A)( 1), pertinently stated:
A]ny person who has a claim against a political subdivision for ad valorem taxes
erroneously paid into the funds of that political subdivision may present the claim
to the Louisiana Tax Commission within three years of the date of the payment, in
such form and together with such proof as the tax commission may require by its
rules and regulations[.] The tax commission shall consult with the assessor of the
parish in which the property which is the subject of the claim is located, and after
that assessor advises the tax commission that a refund is due the claimant, the tax
commission shall duly examine the merits and correctness of each claim presented
to it and shall make a determination thereon within thirty days after receipt of the
claim.
The 2026 amendment to La. R.S. 47: 2132 changed some terms ( e. g., " ad valorem taxes" was
changed to " statutory impositions"), but no substantive changes were made.
3 The exhibits introduced into evidence in support of the exception of no right of action include a
Consent Judgment" signed on January 21, 2022 by a judge in the 32nd Judicial District Court,
which states that the motion for summary judgment filed by Blake International was granted and
that, with the exception of a single rig, all of the rigs and property listed on the assessment for tax
years 2009 through 2016 were exempt from ad valorem taxation and no such taxes should have
been due or payable for those years. The parties do not discuss or explain the effect of this
judgment.
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from 2009 through 2016. The tax commission approved Blake International' s May
2024 claims for refund for all requested tax years.
On June 26, 2024, the tax commission issued an order to Sheriff Soignet
stating that, pursuant to La. R.S. 47:2132( B), 4 the tax collector was authorized and
directed to correct the assessment for tax years 2009 through 2016 and was further
authorized and directed to process a refund/repayment in the amount of $765, 963. 75
to Blake International.
It appears this was not done; instead, Sheriff Soignet filed a petition with the
BTA in March 2025, challenging the tax commission' s June 26, 2024 order. Sheriff
Soignet named Blake International; the tax commission and its chairman, Craig
Roussel; and Assessor Grabert as defendants. Sheriff Soignet sought judgment
vacating the June 26, 2024 order and staying/ suspending its enforcement until entry
of a final judgment. Sheriff Soignet also sought judgment declaring:
the June 26, 2024 order exceeded the tax commission' s authority
and is an absolute nullity;
the tax commission exceeded its authority under La. R.S. 47:2132
by directing Sheriff Soignet to process a refund/repayment of taxes
paid more than three years before the claims for refund were filed
and when the Assessor did not advise the tax commission that a
refund was due;
the tax commission violated Sheriff Soignet' s due process rights by
failing to provide notice and an opportunity to be heard before
ordering that he process a refund/repayment to Blake International;
the tax commission' s May 2020 determination that Blake
International' s claims for refund for tax years 2010 through 2016
were untimely is final and the June 26, 2024 order is barred by res
judicata;
Blake International' s claims did not fall within the scope of La. R.S.
47: 2132 and were not subject to the jurisdiction of the tax
commission; and
Blake International' s claims for refund were subject to the
requirement of payment under protest and the filing of suit within
4 Prior to its amendment, effective January 1, 2026, La. R.S. 47: 2132( B) stated, in part,
If the claim is approved, the tax commission shall authorize and direct the collector,
when applicable, to correct the assessment on the roll on file in his office and shall
authorize and direct, when applicable, the recorder of mortgages to change the
inscription of the tax roll. The tax commission shall also authorize and direct the
refund and repayment of those taxes found to be erroneously paid as provided in
this Section[.]
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thirty days ofpayment under protest and Blake International did not
comply with either requirement and, thus, has no right or standing
to seek a refund.
In response, Blake International urged a peremptory exception of no right of
action and an alternative exception of prescription. See La. C. C. P. art. 927( A)( 1)
and ( 6). Blake International asserted that La. R.S. 47: 2132, which governs its refund
claims, does not provide a right of action to the tax collector. It further argued that
Sheriff Soignet is not entitled to an appeal under La. R.S. 49: 978. 15 of the Louisiana
Administrative Procedure Act and is barred from seeking judicial review of the tax
commission' s adjudication. The tax commission and Chairman Roussel adopted and
joined Blake International' s exceptions. Assessor Grabert answered the petition but
did not join the exceptions.
Sheriff Soignet opposed the exceptions, pertinently asserting his right of
action is granted by La. R.S. 49: 978. 1. A trial on the exceptions was held before the
BTA on June 18, 2025, during which Blake International and Sheriff Soignet
introduced evidence into the record. Specifically, Blake International introduced the
exhibits purportedly attached to its exceptions, and Sheriff Soignet introduced
documents purportedly attached to his petition. Neither pleading in the record
contains attached documents; however, the exhibits introduced into evidence include
Blake International' s first, second, and third set of claims for refund and related
documents, minutes from the tax commission' s relevant meetings, and the June 26,
2024 order.
The exceptions were taken under advisement. On August 7, 2025, the BTA
rendered judgment, sustaining Blake International' s exception of no right of action,
5 Louisiana Revised Statutes 49: 978. 1( A)( 1) pertinently states that " a party who is aggrieved by a
final decision or order in an adjudication proceeding is entitled to judicial review under this
Chapter[.]"
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6
denying the exception of prescription as moot, and dismissing the petition.
The judgment is silent as to the exceptions urged/adopted by the tax commission and
Chairman Roussel. The BTA also issued written reasons for ruling, wherein it
characterized Sheriff Soignet' s suit as an appeal governed by La. R.S. 47: 2132 and
analyzed whether this statute grants Sheriff Soignet a right of action. The BTA
concluded it does not. It also determined Sheriff Soignet does not have a right of
action under La. R.S. 49: 978. 1( A)( 1), reasoning the Administrative Procedure Act
and Sheriff
expressly states that an " agency" is not entitled to judicial review,
Soignet is an " agency" as defined by La. R.S. 49: 951( 3).
Sheriff Soignet timely filed this appeal, arguing the BTA mischaracterized his
suit as an appeal under La. R.S. 47:2132, when it is, in fact, an original action for
declaratory judgment pursuant to La. R.S. 47: 14077 and La. C. C.P. arts. 1871, et
seq. He asserts the BTA erred by dismissing his suit for declaratory judgment as
to the validity and enforceability of the tax commission' s June 26, 2024 order.
He further argues the BTA misinterpreted La. R.S. 49:951( 3) to classify him as an
agency, since the statute excludes political subdivisions and their officers from the
definition of agency. Sheriff Soignet maintains the BTA improperly concluded that
he is excluded from the class of persons who can bring suit under La. R.S. 49: 978. 1.
Whether a plaintiff has a right of action is a question of law, which is reviewed
de novo on appeal.' Goodwin v. City of Mandeville, 2018- 1118 ( La. App. 1 Cir.
6 The decretal language in the August 7, 2025 judgment does not specifically state against whom
the relief was awarded. See La. C. C. P. art. 1918( A). However, the judgment states that the petition
is dismissed, and it is evident from the face of the judgment that Sheriff Soignet is the only plaintiff
in this proceeding, and his name is discernible from the caption in the judgment. Thus, we find the
judgment is valid. See Brumfield v. Department ofPublic Safety and Corrections, 2025- 0329 ( La.
App. 1 Cir. 11/ 7/ 25), 2025 WL 3124378, * 2 ( unpublished).
7 Louisiana Revised Statutes 47: 1407 sets forth the matters over which the BTA shall have
jurisdiction, including suits for declaratory judgment.
8 A de novo review involves examining the facts and evidence in the record, without regard or
deference to the judgment of the trial court or its reasons for judgment. Allday v. Newpark Square
I Office Condominium Association, Inc., 20- 358 ( La. App. 5 Cir. 8/ 18/ 21), 327 So. 3d 566, 573.
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5/ 31/ 19), 277 So. 3d 822, 827, writ denied, 2019- 01083 ( La. 10/ 8/ 19), 319 So. 3d
856. The exception of no right of action questions the plaintiff' s standing or interest
to bring suit.' La. C. C. P. art. 927( 6); Goodwin, 277 So. 3d at 826. A party has an
actionable right, and consequently has standing, if it can be said that he has a legally
protectable and tangible stake in the litigation. IES, Inc. v. Certain Underwriters at
25- 186 ( La. 5 Cir. 10/ 29/ 25), 426 So. 3d 173, 178.
Lloyds of London, App.
Standing is gauged by the specific statutory claims the party presents and his
relationship to those claims. Jefiftrson Island Storage & Hub, LLC v. Louisiana Tax
Commission, 2011- 0882 ( La. App. I Cir. 7/ 15/ 11), 70 So.3d 1034, 1040. Standing
is a concept utilized to determine if a party is sufficiently affected to ensure that a
justiciable controversy is presented to the court. Broome v. Rials, 2023- 01108 ( La.
4/ 26/ 24), 383 So. 3d 578, 584.
Similarly, courts will only act in suits for declaratory judgment when a
present, justiciable controversy exists. Steiner v. Reed, 2010- 1465 ( La. App. I Cir.
2/ 11/ 11), 57So.3d1188, 1192. A justiciable controversy has been generally defined
as a dispute between adverse parties with opposing claims ripe for judicial
determination. Steiner, 57 So. 3d at 1192. In the context of declaratory judgment,
a justiciable controversy must involve uncertain or disputed rights in an immediate
and genuine situation, where the parties have real, adverse interests. The party
seeking the declaratory judgment should have a legally protectable and tangible
interest at stake. Steiner, 57 So. 3d at 1192; Purpera v. Robinson, 2020- 0815 ( La.
App. I Cir. 2/ 19/ 21), 320 So. 3d 425, 428, writ denied, 2021- 00406 ( La. 5/ 11/ 21),
315 So. 3d 868.
Although Sheriff Soignet asserts his claims are governed by the declaratory
judgment articles in the Code of Civil Procedure, the allegations and prayer of the
Evidence may be introduced to support or controvert an exception of no right of action.
La. C. C. P. art. 931.
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petition determine the true nature of the action. See Scott Green Properties, LLC v.
Courts look
Ramsey, 2024- 0695 ( La. App. I Cir. 2/ 13/ 25), 406 So.3d 609, 614.
beyond the caption, style, and form of pleadings to determine from the substance of
the pleading the nature of the proceeding; thus, a pleading is construed for what it
really is, not what it is erroneously called. Rochon v. Young, 2008- 1349 ( La. App.
1 Cir. 2/ 13/ 09), 6 So. 3d 890, 892, writ denied, 2009- 0745 ( La. 1/ 29/ 10), 25 SO -3d
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Statutory Roles and Taxpayer Refund Procedure
Parish assessors are statutorily responsible for assessing property for tax
purposes and notifying the taxpayer of the amount of the assessment. See La. R.S.
47: 1987( B)( 1), La. R.S. 47: 1903( A), and La. R.S. 47: 1951. The tax commission
hears and decides taxpayer appeals and considers taxpayer refund requests. See La.
R.S. 47: 1989 and La. R.S. 47: 2132. Finally, parish sheriffs are the ex officio tax
collectors with the power to enforce the collection of parish and state taxes. See La.
R.S. 47: 2051 and La. R.S. 13: 5539( A). A parish sheriff "shall be the collector" of
state and parish ad valorem taxes. La. Const. Art. V, § 27.
Louisiana Revised Statutes 47: 2132 sets forth the procedure to be followed
when a taxpayer seeks a refund of taxes erroneously paid and mirrors the statutory
roles set forth above. The taxpayer presents a claim for refund to the tax
commission, who " shall consult" with the appropriate parish assessor. La. R.S.
47: 2132( A)( 1). If the assessor advises the tax commission that a refund is due, the
commission evaluates the claim and makes a determination. La. R.S. 47: 2132( A)( 1).
If the tax commission determines a refund is due, it authorizes and directs the refund
and repayment of taxes erroneously paid. La. R.S. 47: 2132( B). After the tax
collector receives written notice from the tax commission that a particular refund or
H.'
repayment is owed, he " shall" take one of the actions set forth in La. R.S.
10
47:2132( Q:
1) If the claim is made for taxes erroneously paid on property which
is or could be homestead exempt or otherwise exempt, the collector
shall immediately notify the affected tax recipient bodies to remit to
him within thirty days their pro rata share of the refund or repayment.
Upon receipt of those fi-inds from the tax -recipient bodies, the collector
shall have an additional thirty days to remit the payment in full to the
tax debtor. Failure by any tax recipient body or the collector to timely
remit such monies shall cause interest at the legal rate to accrue in favor
of the tax debtor to be paid by the political subdivision or tax collector
failing to so timely remit.
2) If the claim is made for taxes erroneously paid on property which
would not qualify for a homestead or other exemption, the collector
shall note and record the amount of the refund or repayment owed and
shall have full responsibility to ensure that such amount shall operate
as a credit against future ad valorem tax liability of that property. No
ad valorem taxes shall be due or collected on such property until such
time as the collector certifies that a sufficient amount of taxes assessed
have been waived to satisfy the refund or repayment ordered by the tax
commission. No interest shall accrue or be due on any such refund or
repayment. ( Emphasis added.)
An action of the assessor or the tax commission rejecting or refusing to approve any
claim made under the provisions of La. R.S. 47: 2132 may be appealed by means of
ordinary proceedings. La. R.S. 47: 2132( D). The statute does not grant the right to
appeal the approval of a claim for refund. See La. R.S. 47: 2132.
SheriffSoignet' s Claims
As noted above, Sheriff Soignet' s petition included a prayer for judgment
vacating the tax commission' s June 26, 2024 order and declaring the order is an
absolute nullity. He further sought review of the tax commission' s exercise of
authority, the propriety of its June 26, 2024 order, and its decision on the merits of
Blake International' s claims for refund.
Through his petition, Sheriff Soignet sought, at least in part, to have the tax
commission' s decision ( a lower tribunal) reconsidered by the BTA ( a higher
tribunal). Such claims are in. the nature of an appeal. An "[ a] ppeal is the exercise
to This is the version of La. R.S. 47: 2132( C) as it existed prior to January 1, 2026.
E
of the right of a party to have a judgment of a trial court revised, modified, set aside,
See " APPEAL" Black' s
or reversed by an appellate court." La. C. C. P. art. 2082.
Law Dictionary ( 12th ed. 2024) ( defining " appeal" as "[ a] proceeding undertaken to
have a decision reconsidered by a higher authority[.]") The object of an appeal is
to give an aggrieved party recourse to a superior tribunal for the correction of a
judgment. Jefferson Island Storage & Hub, LLC, 70 So. 3d at 1040.
Louisiana Revised Statutes 47: 2132 clearly and unambiguously sets forth the
respective roles of the assessor, the tax commission, and the tax collector in the
taxpayer refund process." As tax collector, Sheriff Soignet has no role determining
whether a refund is owed and has no legally protectable interest in the procedure or
its outcome. Instead, his role is statutorily limited to carrying out the tax
commission' s order after the commission has granted the taxpayer' s refund request.
See La. R.S. 47: 2132( 0). The tax collector has no tangible stake in Blake
International' s claim for a refund. See JES, Inc., 26 So. 3d at 178.
This interpretation and application of La. R.S. 47: 2132 does not lead to absurd
consequences; instead, the separation of duties set forth in La. R.S. 47: 2132 is in line
with the roles of the assessor, the tax collector, and the tax commission in the broader
See La. R.S. 47: 1987( B)( 1), La. R.S.
tax scheme created by the legislature.
47: 1903( A), La. R.S. 47: 1951, La. R.S. 47: 1989, and La. R.S. 47: 2051.
Additionally, it is reasonable to conclude that La. R.S. 47: 2132 does not provide for
an appeal from the tax commission' s decision to grant a refund request because the
interested party, the taxpayer, is not aggrieved by a favorable decision by the tax
commission. We agree with the BTA that Sheriff Soignet has no right of action
under La. R.S. 47: 2132.
11 " When a law is clear and unambiguous and its application does not lead to absurd consequences,
the law shall be applied as written and no further interpretation may be made in search of the intent
of the legislature." La. C. C. art. 9. See First Pay, Inc. v. Dukes, 2024- 01565 ( La. 10/ 24/ 25), 421
So. 3d 942, 947 ( holding that Article 9 requires both that the law be clear and unambiguous and
that its application not lead to absurd results).
10
For the same reasons, Sheriff Soignet has no right of action for declaratory
judgment. Notably, Sheriff Soignet does not assert that a justiciable controversy
exists between himself and Blake International and/or the tax commission. In his
petition, Sheriff Soignet does not seek a declaration concerning his rights, which are
Sheriff
purportedly uncertain or at odds with Blake International' s right to a refund.
Soignet' s personal property is not the subject of the tax commission' s June 26, 2024
order, and his individual property rights are not affected by the tax commission' s
12
decision to grant Blake International' s claims for refund. See Broome, 383 So. 3d
at 584; Steiner, 57 So. 3d at 1192. Pursuant to the statutes discussed above, Sheriff
Soignet has no legally protectable interest in Blake International' s claims for refund
and is not adverse to Blake International or the tax commission. See Purpera, 320
So. 3d at 428.
It is apparent that Sheriff Soignet simply disagrees with the tax commission' s
decision to grant Blake International' s refund requests. For this, his recourse is with
the legislature, who alone has the power to amend La. R.S. 47: 2132 to provide the
tax collector with standing to participate in the tax refund process prior to decision
and/ or to bring suit to challenge the tax commission' s refund decision on the merits.
See La. Const. Art. III. Finding La. R.S. 47: 2132 is clear and unambiguous and its
application does not lead to absurd consequences, we must apply the law as written.
See La. C. C. art. 9; see also First Pay, Inc. v. Dukes, 2024- 01565 ( La. 10/ 24/ 25),
421 So. 3d 942, 947.
12 For this reason, we find the BTA properly dismissed Sheriff Soignet' s claim for declaratory
judgment, that the tax commission violated his due process rights by failing to provide notice and
an opportunity to be heard before ordering that he process a refund/repayment to Blake
International. See Oliver v. Orleans Parish School Board, 2014- 0329 ( La. 10/ 31/ 14), 156 So. 3d
596, 620 ( Procedural due process requires that before an individual is deprived of a property or
liberty right, the individual must be provided with notice and an opportunity to be heard.)
11
Appeal Pursuant to Louisiana Revised Statutes 49: 978.1
Next, Sheriff Soignet asserts that he has a right of action pursuant to La. R.S.
49: 978. 1( A)( 1), which pertinently provides a right to judicial review to a party who
is aggrieved by a final decision or order in an adjudication proceeding.
The Administrative Procedure Act' s judicial review provisions are not
intended to supersede specific provisions of other administrative acts, or to
supersede the rights and remedies created under those acts. Louisiana Environmental
Action Network, Inc. v. Louisiana Department ofEnvironmental Quality, 2019- 1551
La. App. I Cir. 9/ 23/ 20), 314 So. 3d 841, 848. When the agency statute upon which
a litigant relies establishes a specific procedure for judicial review of the agency' s
action, a litigant may invoke the reviewing court' s jurisdiction only by following the
statutorily prescribed procedure, unless there can be found within the act a genuine
legislative intent to authorize judicial review by other means. Louisiana
Environmental Action Network, 314 So. 3d at 848. When La. R.S. 47: 2132 was
enacted,, the legislature declined to provide for judicial review of the tax
commission' s decision to grant a requested tax refund. The legislature additionally
declined to grant the tax collector a legally protected interest in the tax refund
procedure and outcome. These deliberate omissions were not authorizations to the
tax collector to seek judicial review by other means, such as the Administrative
Procedure Act.
Furthermore, La. R.S. 49: 978. 1 provides for judicial review of a final decision
or order in an adjudicatory proceeding. " Adjudication" is defined as the agency
process for the formulation of a decision or order. La. R.S. 49: 951( 1). " Decision"
or " order" means the whole or any part of the final disposition ofany agency required
by constitution or statute to be determined on the record after notice and opportunity
for an agency hearing. La. R.S. 49: 951( 4). Thus, an adjudication for purposes of
La. R.S. 49: 951 means an agency proceeding that results in a disposition that is
12
required by constitution or statute to be made after notice is given and a hearing is
Unless the
held. Louisiana Environmental Action Network, 314 So.3d at 849.
constitution or a statute requires a hearing and notice, an agency action is not an
adjudication for purposes ofjudicial review under La. R.S. 49: 978. 1. See Louisiana
Environmental Action Network, Inc., 314 So. 3d at 849.
Louisiana Revised Statutes 47: 2132 does not require a hearing before the tax
commission makes a determination on a tax refund request. Consequently, there has
not been a final decision or order issued in an adjudicatory proceeding, and judicial
review under La. R.S. 49: 978. 1 is not available. See Louisiana Environmental
Action Network, 314 So. 3d at 849. 13
Dismissal ofSheriffSoignet 's Petition and Claims Against Remaining Defendants
The August 7, 2025 judgment does not address the exceptions urged by the
tax commission and Chairman Roussel. While we acknowledge this was likely an
oversight, considering these parties adopted Blake International' s exception of no
right of action, silence in a judgment is deemed to be a denial or rejection of the
exceptions. See First NBC Bank v. River Park Development, L.L. C., 2024- 0270 (La.
App. 1 Cir. 9/ 17/ 25), 421 So. 3d 284, 289. 14 Additionally, Assessor Grabert
answered the petition but urged no exceptions. Thus, Sheriff Soignet' s claims
against these parties are still pending. We reverse the portion of the judgment that
13 We do not agree with the BTA' s determination that Sheriff Soignet is an " agency" as defined
by La. R.S. 49:951( 3) and, as such, is barred from seeking judicial review pursuant to La. R.S.
49:978. 1. Any branch or officer of a political subdivision is expressly excluded from the definition
of "agency." La. R.S. 49: 951( 3). The Louisiana Constitution defines " political subdivision" as
a parish, municipality, and any other unit of local government authorized by law to perform
governmental functions. La. Const. Art. VI, §44. The office of each tax collector shall be at the
seat of the parish government. La. R.S. 47: 2051. See La. Const. Art. V, § 27. However, reasons
for judgment are not determinative of the legal issues to be resolved on appeal. Judgments are
often upheld on appeal for reasons different than those assigned by the trial judges. Allday, 327
So. 3d at 573.
14 This court may raise an exception of no right of action on its own motion; however, the exception
shall not be adjudicated without assigning the matter for briefing and permitting the parties an
opportunity to request oral argument. La. C. C.P. art. 927( B). In the interest of judicial economy
and efficiency, we decline to raise the motion and, instead, remand this matter for further
proceedings consistent with this opinion.
13
dismissed Sheriff Soignet' s claims against the tax commission, Chairman Roussel,
and Assessor Grabert.
CONCLUSION
For the foregoing reasons, we affirm the portion of the August 7, 2025
judgment that sustained the exception of no right of action filed by Blake
International Rigs, LLC and dismissed the claims of Sheriff Timothy Soignet, in his
Official Capacity as Sheriff and Ex Officio Tax Collector of Terrebonne Parish,
against Blake International Rigs, LLC. We reverse the portion of the August 7, 2025
judgment that dismissed Sheriff Soignet' s claims against Terrebonne Parish
Assessor, Loney Grabert; the Louisiana Tax Commission; and Craig Roussel, in his
Official Capacity as Chairman of the Louisiana Tax Commission. This matter is
remanded to the Board of Tax Appeals for further proceedings consistent with this
opinion.
Costs of this appeal in the amount of $1, 939. 00 are assessed against Sheriff
Timothy Soignet, in his Official Capacity as Sheriff and Ex Officio Tax Collector of
Terrebonne Parish.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
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