STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT MICHAEL GUILLORY NO. 2021 CW 1621 VERSUS

STATE OF LOUISIANA, THROUGH FEBRUARY 25, 2022 THE DEPARTMENT OF ENVIRONMENTAL QUALITY

In Re: The Louisiana Department Environmental of Quality and The Louisiana Department of Natural Resources, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 705981.

BEFORE: WHIPPLE, C. J., PENZATO AND HESTER, JJ.

WRIT DENIED.

VGW CHH

Penzato, J., dissents. The amending petition seeking a declaratory judgment filed by plaintiff, Patrick Keith, tails to state a cause of action against relators, the Louisiana Department of Environmental Quality and the Louisiana Department of Natural Resources as the allegations set forth therein do not raise claims that fall within the purview of La. Const. art. 12, 10, which waives sovereign immunity from for suits injury to person or property. Accordingly, I would reverse the district court' s judgment and sustain relators' exception of no cause of action but afford Patrick Keith an to amend his opportunity petition, if he can, to state a cause of action against relators. See La. Code Civ. P. art. 934.

COURT OF APPEAL, FIRST CIRCUIT

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DEPUTY LERK OF COURT FOR THE COURT