Louisiana Court of Appeal, 1982

City of Port Allen v. Louisiana Municipal Risk Management Agency

Louisiana Court of Appeal · Decided November 16, 1982 · Edwards, Shortess, Watkins

423 So. 2d 107; 1982 La. App. LEXIS 8490 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Jenkins v. St. Tammany Parish Police Jury (La. 1999)
City of Baton Rouge v. Ross (La. 1995)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

EDWARDS, Judge.

The City of Port Allen, Louisiana, filed suit against the Louisiana Municipal Risk Management Agency, the State of Louisiana, and William J. Guste, as Attorney General of the State of Louisiana, seeking a declaratory judgment on R.S. 33:1349(C), as tb its liability for acts of other fund members. The lower court granted plaintiff’s motion for summary judgment, and declared the cited act unconstitutional.

From that judgment, the State of Louisiana appealed to this Court. However, plaintiff-appellee has filed a motion to dismiss the appeal on the ground that under Article 5, Section 5(D)(1) of the Louisiana Constitution of 1974, the Louisiana Supreme Court has exclusive jurisdiction of an appeal of a judgment declaring a law unconstitutional. The Attorney General has answered the Motion to Dismiss, asking that the appeal be transferred to the Louisiana Supreme Court.

By virtue of the authority vested in this Court by R.S. 13:4441, 4442, it is ordered that this case be transferred to the Su*108preme Court of Louisiana. The transfer must be made within thirty days after this decree has become final, otherwise, the appeal is to be dismissed. Costs of the appeal to this court and the costs of transferring the case to the Supreme Court are to be paid by appellant.

APPEAL TRANSFERRED.

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