Opinion

J. Mitchell Ourso, Jr. v. Louisiana Board of Ethics

Court
Louisiana Court of Appeal
Filed
Apr 17, 2023
Cited by
0 cases

The opinion

STATE OF LOU'ISIANA I

COURT OF APPEAL, F1IRST CIRCUIT 1

I

J. MITCHELL OURSO, JR. NO. 2023 CW 0341

VERSUS

LOUISIANA BOARD OF ETHICS APRIL 17, 2023

In Re: Louisiana Board of Ethics, applying for supervisory

writs, 18th Judicial DisLrict Court, Parish of

Iberville, No. 82077.

BEFORE: WELCH, PENZATO, AND LANIER, JJ.

WRIT GRANTED WITH ORDER. The trial court's March 13, 2023

ruling denying the Louisiana Board ,of Ethics' exception of

improper venue is reversed. Venue fGr suits filed against a

state agency shall be instituted befdre the district court of

the judicial district in which the state capitol is located or

in the district court having jurisdiction in the parish in

which the cause of action arises. L~. R. S. 13: 5104 (A) . The

state capitol is located in Baton Rouge, in the 19 th Judicial

District. For venue purposes, in determining the parish in

which the cause of action arises, courts look to the parish

where the operative facts occurred that support plaintiff's

entitlement to recovery. Colvin v. touisiana Patient's Comp.

Fund Oversight Bd., 200 6-1104 (La. 1/17 /07), 94 7 So. 2d 15, 27.

J. Mitchell Ourso challenges a decision of the Louisiana Board

of Ethics that he violated the Campaigp Finance Disclosure Act,

which decision was made in East Baton Rouge Parish.

Furthermore, the alleged unlawful expenditure of campaign funds

occurred in East Baton Rouge Parish pursuant to the bill of

sale. Accordingly, the Louisiana Board of Ethics' exception of

improper venue is granted and this case', is remanded to the trial

court with instructions to transfer this matter to the 19th

Judicial District Court for the Parish of East Baton Rouge.

JEW

AHP

WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT

FOR THE COURT

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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