154 So. 3d 683
La. Ct. App.2014Background
- LSU sought to quick-take and expropriate Dixie Brewing’s parcel to build a University Medical Center and adjacent VA Medical Center; the Dixie parcel was added to the takings plan in Feb. 2010.
- Litigation: LSU filed for access (inspection) in April 2010; Dixie filed a TRO/declaratory suit in Feb. 2011 enjoining LSU’s quick-take; the TRO suit was dismissed with prejudice on Feb. 25, 2011; LSU filed its expropriation petition that same day.
- The suits were later consolidated; Dixie repeatedly litigated post-expropriation injunctions, and the appellate court previously affirmed dismissal of one such injunction petition (Dixie I).
- Dixie filed a peremptory exception of res judicata (Sept. 2011) in LSU’s expropriation suit, arguing LSU should have asserted expropriation as a reconventional demand in Dixie’s TRO suit; the trial court denied that exception on Feb. 28, 2014.
- This court converted Dixie’s interlocutory appeal to a supervisory-writ application and reviewed whether the res judicata bar applied or whether the statutory exception for "exceptional circumstances" (La. R.S. 13:4232 A(1)) saved LSU’s expropriation claim.
- The court held the exceptional-circumstances exception applied because Dixie’s TRO effectively prevented LSU from asserting the expropriation by reconventional demand (quick-take vests title upon filing/deposit), and public/constitutional expropriation rights cannot be foreclosed by such procedural mechanics.
Issues
| Issue | Plaintiff's Argument (Dixie) | Defendant's Argument (LSU) | Held |
|---|---|---|---|
| Whether LSU’s expropriation claim is barred by res judicata because it could/should have been asserted as a reconventional demand in Dixie’s earlier TRO suit | LSU had a full opportunity; expropriation cause of action existed and should have been pled as reconventional demand | TRO precluded filing/execution; quick-take vests title on filing/deposit, so LSU could not safely or lawfully file earlier | Res judicata does not bar LSU: exceptional circumstances apply because the TRO and quick-take procedure prevented LSU from asserting the claim earlier |
| Whether a TRO/injunction can prevent a government entity from exercising constitutional/statutory expropriation power | TRO enjoined use of quick-take; Dixie argued it only barred execution, not filing | Filing quick-take is tantamount to taking; a TRO cannot bar a constitutionally granted right to sue to expropriate | Court held TRO effectively prevented LSU from filing without violating the injunction; governmental right to expropriate cannot be stymied by procedural preclusion here |
| Whether the fourth element of res judicata (cause existed at time of prior judgment) is met | Cause existed prior to LSU’s later petition; res judicata should apply | Expropriation cause did not accrue until LSU filed petition and met statutory prerequisites | Court avoided definitive ruling on accrual because exceptional-circumstances exception resolved the dispute in LSU’s favor |
| Proper procedural vehicle for review of denial of res judicata exception | Dixie appealed the interlocutory denial | LSU argued appeal improper | Court converted the appeal to a supervisory writ (timely) and granted writ application but denied requested relief to Dixie |
Key Cases Cited
- Tolis v. Board of Supervisors of Louisiana State University, 660 So.2d 1206 (La. 1995) (interlocutory appeal principles and appellate review of certain trial rulings)
- Burguieres v. Pollingue, 843 So.2d 1049 (La. 2003) (elements required to establish res judicata)
- Terrebonne Fuel & Lube, Inc. v. Placid Refining Co., 666 So.2d 624 (La. 1996) (recognizing exceptional-circumstances exceptions to res judicata)
- Jackson v. Iberia Parish Government, 732 So.2d 517 (La. 1999) (res judicata presumes party had opportunity to raise claim in first adjudication)
- Board of Supervisors of Louisiana State University v. Dixie Brewing Co., Inc. (Dixie I), 131 So.3d 130 (La. App. 4th Cir. 2013) (prior appellate decision addressing Dixie’s post-expropriation injunctions)