66 So. 3d 1240
La. Ct. App.2011Background
- PQPORA and FQC, private nonprofit associations, sue Old Opera House and others for damages and injunctive relief over loud noises from the premises at 601 Bourbon Street in the French Quarter.
- PQPORA and FQC allege violations of La. R.S. 26:90 A(14)(a) and La. R.S. 26:286 A(14)(a) and City of New Orleans noise ordinances.
- Old Opera House filed a peremptory exception of no right of action, and the trial court granted it, dismissing with prejudice the two associations’ claims.
- The issue is whether the trial court erred in finding no right of action for VCPORA and FQC, which seek injunctive relief against Old Opera House.
- The court ultimately affirms the no-right-of-action ruling as to one aspect, reverses to allow amendment for standing, and remands for possible amendment under Hunt criteria.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether VCPORA and FQC have standing to sue for injunctive relief. | VCPORA/FQC have a right to sue when their members are harmed or threatened by nuisance. | VCPORA/FQC lack a real and actual interest; no member harm shown and no direct damage to the associations. | Partial affirmation; lack of standing for current pleading, remand for amendment. |
Key Cases Cited
- Hunt v. Washington State Apple Advertising Commission, 432 U.S. 333 (U.S. Supreme Court, 1977) (tests standing for associations to sue on behalf of members)
- Louisiana Hotel-Motel Association v. Parish of East Baton Rouge, 385 So.2d 1193 (La. 1980) (adopts Hunt criteria for association standing)
- League of Women Voters of New Orleans v. City of New Orleans, 381 So.2d 441 (La.1980) (standing framework for public-interest plaintiffs)
- Vieux Carre Property Owners, Residents and Associates, Inc. v. Hotel Royal, L.L.C., 55 So.3d 1 (La.App. 4 Cir. 2011) (standing for VCPORA/FQC under Hunt criteria; prior decision on same issue)
- Oakville Community Action Group v. Plaquemines Parish Council, 942 So.2d 1152 (La.App. 4 Cir. 2006) (standing analysis and Art. 681 framework)
- Badeaux v. Southwest Computer Bureau, Inc., 929 So.2d 1211 (La.1980) (explanation of amendment to remove grounds for objection per Art. 934)
- Lutz Oil & Gas, L.L.C. v. Pride Energy Company, 998 So.2d 128 (La.App. 4 Cir. 2008) (standing analysis referenced in Hunt framework)
- Louisiana Associated General Contractors, Inc. v. State of Louisiana, 669 So.2d 1185 (La.1996) (permissible injunctive relief without member participation)