Louisiana Court of Appeal, 2023

J. Mitchell Ourso, Jr. v. Louisiana Board of Ethics

J. Mitchell Ourso, Jr. v. Louisiana Board of Ethics
Louisiana Court of Appeal · Decided April 17, 2023

J. Mitchell Ourso, Jr. v. Louisiana Board of Ethics

Opinion

STATE OF LOU'ISIANA I

COURT OF APPEAL, F1IRST CIRCUIT 1

I

J. MITCHELL OURSO, JR. NO. 2023 CW 0341 VERSUS LOUISIANA BOARD OF ETHICS APRIL 17, 2023

In Re: Louisiana Board of Ethics, applying for supervisory writs, 18th Judicial DisLrict Court, Parish of Iberville, No. 82077.

BEFORE: WELCH, PENZATO, AND LANIER, JJ.

WRIT GRANTED WITH ORDER. The trial court's March 13, 2023 ruling denying the Louisiana Board ,of Ethics' exception of improper venue is reversed. Venue fGr suits filed against a state agency shall be instituted befdre the district court of the judicial district in which the state capitol is located or in the district court having jurisdiction in the parish in which the cause of action arises. L~. R. S. 13: 5104 (A) . The state capitol is located in Baton Rouge, in the 19 th Judicial District. For venue purposes, in determining the parish in which the cause of action arises, courts look to the parish where the operative facts occurred that support plaintiff's entitlement to recovery. Colvin v. touisiana Patient's Comp.

Fund Oversight Bd., 200 6-1104 (La. 1/17 /07), 94 7 So. 2d 15, 27.

J. Mitchell Ourso challenges a decision of the Louisiana Board of Ethics that he violated the Campaigp Finance Disclosure Act, which decision was made in East Baton Rouge Parish.

Furthermore, the alleged unlawful expenditure of campaign funds occurred in East Baton Rouge Parish pursuant to the bill of sale. Accordingly, the Louisiana Board of Ethics' exception of improper venue is granted and this case', is remanded to the trial court with instructions to transfer this matter to the 19th Judicial District Court for the Parish of East Baton Rouge.

JEW AHP WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT

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