# Collins v. State ex rel. Department of Natural Resources

> Louisiana Court of Appeal · May 30, 2013 · 2012 La.App. 1 Cir. 1031

URL: https://www.frixlaw.com/law-library/cases/4803344

## Case

- **Full name:** Dan S. COLLINS and Dan S. Collins, CPL & Associates, Inc. v. STATE of Louisiana, through DEPARTMENT OF NATURAL RESOURCES, Robert Benoit, Individually and in his Official Capacity as Assistant Director Atchafalaya Basin Program, Louisiana Department of Natural Resources
- **Court:** Louisiana Court of Appeal
- **Decided:** May 30, 2013
- **Citations:** 2012 La.App. 1 Cir. 1031; 118 So. 3d 43; 2013 La. App. LEXIS 1072; 2013 WL 2363126
- **Precedential status:** Published
- **Opinion:** Concurrence by Kuhn
- **Judges:** Kuhn, McDonald, Pettigrew
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4803344

## Opinion text

KUHN, J.,
concurring.
hi agree that because defendants have asserted a peremptory exception raising the objection of no cause of action, we are bound to review the allegations of the petition in the light most favorable to plaintiffs and, therefore, their barebones claim of a *53 public employee capacity must be accepted as true. Nevertheless, in their appellate brief, plaintiffs have conceded that their claims arise out of a contractual relationship rather than that of employer-employee. Thus, I believe that plaintiffs will be unable to recover any relief against defendants. Accordingly, I must concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4803344. Public record. Not legal advice.