# Blake International U.S.A. Rigs, L.L.C. v. State

> Louisiana Court of Appeal · September 18, 2015 · 2015 La.App. 1 Cir. 0164

URL: https://www.frixlaw.com/law-library/cases/4824494

## Case

- **Full name:** BLAKE INTERNATIONAL, U.S.A. Rigs, L.L.C. v. STATE of Louisiana, Directly and through the Louisiana Department of Economic Development
- **Court:** Louisiana Court of Appeal
- **Decided:** September 18, 2015
- **Citations:** 2015 La.App. 1 Cir. 0164; 182 So. 3d 169; 2015 La. App. LEXIS 1742; 2015 WL 5474934
- **Precedential status:** Published
- **Opinion:** Concurrence by McClendon
- **Judges:** McClendon, McDonald, Theriot
- **Cited by:** 0 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/4824494

## Opinion text

McCLENDON, J.,
concurring in part.
1, Blake International, in its second amended petition, seeks an order requiring “defendant to facilitate and execute a Quality Jobs contract with Blake International.” In essence, Blake International is seeking mandamus relief. Mandamus will not lie in matters, in which discretion and evaluation of evidence must be exercised. Fire Protection Dist. Six v. City of Baton Rouge Dept., of Public Works, 03-1205 (La.App. 1 Cir. 12/31/03) , 868 So.2d 770, 772 , writ denied, 04-0299 (La.4/8/04), 870 So.2d 270 . The remedy is not available to command the performance of an act that contains any element of discretion, however slight. Mandamus is to be used only when there is a clear and specific legal right to be enforced or a duty that ought to be performed. ’It never issues in doubtful cases. Id. Because the Louisiana Board of Commerce and Industry is afforded discretion under the facts of this case, Blake International is not entitled to mandamus relief. See LSA-R.S. 51:2454(A). Therefore, I concur with the result reached by the majority.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4824494. Public record. Not legal advice.