92 So. 3d 364
La. Ct. App.2012Background
- TI appeals 19th JDC ruling dismissing TI’s appeal of the Board’s actions.
- Board surrendered a riverboat license and cancelled the Lake Charles project in April 2010.
- TI filed Sept 23, 2010, seeking license; deficiency fee of $50,000 not paid with application.
- Board notified TI of incompleteness and required payment within five days.
- TI attempted to provide funds and information; Board rejected TI’s application on Oct. 14, 2010.
- TI timely appealed to the trial court; the court sustained a declinatory exception and dismissed the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board’s action was a final adjudicatory decision. | TI argues there was a final decision under 27:26. | Board and Board-related entities contend no adjudicatory final decision occurred. | No final adjudication; no jurisdiction under 27:26 or 49:964. |
Key Cases Cited
- Metro Riverboat Assoc., Inc. v. Louisiana Gaming Control Board, 797 So.2d 656 (La. 2001) (defines final decision to avoid piecemeal appeals)
- Delta Bank & Trust Co. v. Lassiter, 383 So.2d 330 (La. 1980) (hearing required when deprivation of property occurs; adjudication requires notice and hearing)
- Moity v. Firefighters’ Retirement System, 960 So.2d 158 (La. App. 1st Cir. 2007) (distinguishable; no entitlement to benefits here)