STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT SANDRA BROWN NO. 2019 CW 1636 VERSUS

LOUISIANA STATE BOND FEB 18 2020 COMMISSION

In Re: Louisiana State Bond Commission, for applying supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 584449.

BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The portions of the judgments of the trial court signed on November 13, 2019 and November 18, 2019, which denied in part the Exception of Peremption filed by the Louisiana State Bond Commission (" the Commission"), is reversed. The claims of the plaintiff, Sandra Brown (" Brown"), contest the legality of the resolution authorizing the bonds and the validity of provisions and proceedings relating to the authorization and issuance of bonds and were required to be brought within thirty days after the December 18, 2018 publication of notice of intention to issue the bonds. See La. Const. VII, § 8; La. R. S. art. 48: 27( E).

However, Brown' s Petition for Declaratory and Injunctive Relief was not filed until June 19, 2019. her Accordingly, claims against the Commission are untimely and perempted. The Commission' s Exception of Peremption is granted and Brown' s claims are dismissed, with prejudice, moot rendering consideration of the grant in part and denial in part of the Commission' s Exception of No Cause of Action. The writ is denied as to the trial court' s on the Exception of Lack ruling of Subject Matter Jurisdiction.

TMH AHP WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY C ERK OF COURT FOR THE COURT