108 So. 3d 340
La. Ct. App.2013Background
- Menard filed a petition for writ of quo warranto on May 8, 2012 challenging the authority of the Acting Director of the Department of Safety and Permits (Pura Bascos) and the Chief Building Inspector (John Odom) to issue a stop work order for 6017 Canal Boulevard.
- Municipal Court upheld the stop work order; Menard and Ernest Menard were convicted of violating it and appealed to the Criminal District Court, which affirmed on June 29, 2012.
- Willows v. State, Dept. of Health and Hospitals appointed appellate review for administrative decisions; the related administrative appeal involved the same district court case number as the quo warranto petition.
- Civil district court denied Menard’s writ of quo warranto on June 12, 2012, concluding the Director and Chief Inspector acted within authority and that the petition sought to relitigate the stop work order.
- On June 15, 2012, Menard filed the instant appeal from the adverse quo warranto judgment; the Department moved to dismiss for lack of jurisdiction, which the court denied, concluding the judgment was final and subject to appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the quo warranto petition was properly dismissed | Menard contends the court erred by addressing authority beyond the scope of a quo warranto. | Bascos and Odom hold office with authority to regulate and enforce, and the petition challenged beyond-office powers. | Petition correctly denied; authority established and scope proper. |
Key Cases Cited
- Plaquemines Parish Council v. Petrovich, 629 So.2d 1322 (La.App. 4th Cir. 1993) (quo warranto cannot review exercise of powers by one lawfully holding office)
- Willows v. State, Dept. of Health and Hospitals, 15 So.3d 56 (La. 2009) (judicial review of administrative decisions is appellate, not original jurisdiction)
- Crutcher v. Tufts, 898 So.2d 529 (La.App. 4th Cir. 2005) (burden on defendant to show authority to hold public office in quo warranto)
- State v. Banta, 872 So.2d 1110 (La.App. 1st Cir. 2004) (quo warranto limited to usurpation of office; investigation of powers of public office)