# ST. JOHN THE BAPTIST PARISH SCHOOL BOARD v. STATE of Louisiana, Et Al.

> Supreme Court of Louisiana · December 5, 2016 · 213 So. 3d 384

URL: https://www.frixlaw.com/law-library/cases/4104556

## Case

- **Full name:** St. John the Baptist Parish School Board v. State of Louisiana the Louisiana State Board of Elementary & Secondary Education the State of Louisiana Through the Department of Education
- **Court:** Supreme Court of Louisiana
- **Decided:** December 5, 2016
- **Citations:** 213 So. 3d 384; 2016 La. LEXIS 2475
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Weimer, Hughes
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

Supreme Court of Louisiana
FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #073

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Per Curiam handed down on the 5th day of December, 2016, is as follows:

PER CURIAM:

2015-CA-1659 ST. JOHN THE BAPTIST PARISH SCHOOL BOARD v. STATE OF LOUISIANA;
THE LOUISIANA STATE BOARD OF ELEMENTARY & SECONDARY EDUCATION;
THE STATE OF LOUISIANA THROUGH THE DEPARTMENT OF EDUCATION
(Parish of E. Baton Rouge)

For the reasons assigned, the judgment of the district court is
vacated and set aside, and the petition is hereby dismissed with
prejudice.

HUGHES, J., would grant and docket.
WEIMER, J., dissents and assigns reasons.
12/05/16

SUPREME COURT OF LOUISIANA

NO. 2015-CA-1659

ST. JOHN THE BAPTIST PARISH SCHOOL BOARD

VERSUS

STATE OF LOUISIANA, ET AL.

PER CURIAM

The State of Louisiana, the Louisiana State Board of Elementary & Secondary

Education, and the State of Louisiana, through the Department of Education lodged

this direct appeal pursuant to La. Const. Art. V, §5(D), seeking review of the district

court’s judgment declaring 2010 HRC 243 and 2011 HRC 130 violate La. Const. Art.

VIII, §2(A)(4)(a).

Pretermitting the merits, we find this case fails to present a justiciable

controversy upon which relief can be granted. See Council of the City of New

Orleans v. Sewerage and Water Board of New Orleans, 06-1989 (La. 4/11/07), 953

So.2d 798; Hoag v. State, 04-0857 (La. 12/01/04), 889 So.2d 1019; see also St. John

the Baptist Parish School Board v. State of Louisiana, 15-0264 (La. App. 1st Cir.

7/12/16) (unpublished), writ denied, 16-1798 (La. 12/5/16), ___ So. 3d ___.

Accordingly, on our own motion pursuant to La. Code Civ. P. art. 927(B), we

recognize the failure of the petition to state a cause of action, vacate the judgment of

the district court and dismiss the suit.

DECREE

For the reasons assigned, the judgment of the district court is vacated and set

aside, and the petition is hereby dismissed with prejudice.
12/05/16

SUPREME COURT OF LOUISIANA

2015-CA-1659

ST. JOHN THE BAPTIST PARISH SCHOOL BOARD

VS.

STATE OF LOUISIANA; THE LOUISIANA STATE BOARD OF
ELEMENTARY & SECONDARY EDUCATION; THE STATE OF
LOUISIANA THROUGH THE DEPARTMENT OF EDUCATION

ON APPEAL FROM THE 19TH JUDICIAL DISTRICT COURT, FOR THE
PARISH OF EAST BATON ROUGE

Hughes, J., would grant and docket.
12/05/16

SUPREME COURT OF LOUISIANA

NO. 15-CA-1659

ST. JOHN THE BAPTIST PARISH SCHOOL BOARD

VERSUS

STATE OF LOUISIANA; THE LOUISIANA STATE BOARD
OF ELEMENTARY & SECONDARY EDUCATION; THE STATE OF
LOUISIANA THROUGH THE DEPARTMENT OF EDUCATION

ON DIRECT APPEAL FROM THE 19TH JUDICIAL DISTRICT COURT
PARISH OF EAST BATON ROUGE

WEIMER, J., dissenting.

I believe matters of great public significance, such as this one, which is related

to the funding of public education, merit the state supreme court’s full consideration.

On this basis, I would docket this matter for full briefing and argument before

rendering a considered opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4104556. Public record. Not legal advice.