166 So. 3d 1032
La. Ct. App.2015Background
- Owners petitioned to annex land into the City of Baton Rouge under the Plan of Government §1.09 after a public hearing was scheduled and notices published.
- The Metropolitan Council held a May 14, 2014 hearing and voted in favor of the annexation ordinance.
- Louis “Woody” Jenkins, Jr. filed suit in the 19th Judicial District Court challenging the annexation, claiming potential police/fire impacts.
- Defendants raised a peremptory exception of no right of action, arguing Jenkins lacked a real and actual personal stake under La. R.S. 33:174 and §1.09.
- The district court sustained the exception and dismissed the petition with prejudice; Jenkins appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Jenkins have standing under La. R.S. 33:174? | Jenkins contends he has a real and actual stake in services affected by annexation. | Jenkins lacks a real and actual personal stake; no standing. | No standing; Jenkins has no real and actual personal stake. |
| Does §1.09 of the Plan of Government create a standalone right of action for citizens? | Citizens may file and appeal challenges under §1.09 by virtue of citizenship. | Right of action must be grounded in applicable law; citizenship alone is insufficient. | Citizenship alone does not create a right of action; no standing. |
| Who bears the burden of proof on the exception of no right of action? | Not particularly argued here; Jenkins asserts error in burden placement. | Burden rests on the party raising the exception; evidence may be presented. | Burden on movant to prove lack of right of action; de novo standard on appeal. |
| Is Jenkins' asserted interest (police/fire service impact) sufficient to establish a real and actual stake? | Annexation could affect safety services at Jenkins' home. | Evidence shows no impact on Jenkins' police or fire protection. | No real and actual stake; no right of action. |
Key Cases Cited
- Randy Landry Homes, LLC v. Giardina, 118 So.3d 459 (La.App. 1 Cir. 2013) (de novo review of legal questions; no deference to trial court on right-of-action ruling)
- Stassi v. State, 102 So.3d 896 (La.App. 1 Cir. 2012) (standing and right to sue; threshold determination)
- Falcon v. Town of Berwick, 885 So.2d 1222 (La.App. 1 Cir. 2004) (admissibility and consideration of evidence in objection of no right of action)
- Board of Elementary and Secondary Education v. Nix, 347 So.2d 147 (La.1977) ("provided by law" meaning in statute context; reliance on legislative framework)