STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT DONOVAN FREMIN, STAN NO. 2023 CW 0199 GUIDROZ, WILLIAM EDWIN JUDSON, JR., LUKE LABRUZZO, JR., RAWLSTON PHILLIPS, III, AND SALVADOR P. TANTILLO, III VERSUS BOYD RACING, LLC, CHURCHILL DOWNS LOUISIANA HORSERACING COMPANY, LLC, LOUISIANA DOWNS INVESTMENT COMPANY, LLC, AND OLD EVANGELINE APRIL 19, 2023 DOWN, LLC

In Re: Churchill Downs Louisiana Horseracing Company, LLC, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 725,007.

BEFORE: HOLDRIDGE, HESTER, AND GREENE, JJ.

WRIT DENIED.

CHH HG

Holdridge, J. concurs, but notes that it is well settled that a court may not declare a statute unconstitutional in the context of a summary proceeding such as a preliminary injunction hearing. Barber v. Louisiana Workforce Commission, 2015-1700 La . 1 0 / 9 / 15 ) , 17 6 So . 3d 3 98 ( per curi am) . The only is sue to be considered at a hearing on a preliminary injunction is whether the moving party has met its burden of proving that it will suffer irreparable injury, loss, or damage if the injunction is not issued, that it is entitled to the relief sought as a matter of law, and that it will likely prevail on the merits of the case. General Motors Acceptance Corp. v. Daniels, 377 So.2d 346, 348 ( La. 1979). Without agreement by the parties on the record to try the petition for declaratory relief at the hearing on the preliminary injunction, the issue of the constitutionality of the act in question will not be ripe for determination at a hearing for preliminary injunction. See Women' s Health Clinic v. State, 2001-2645 ( La. 11/9/01), 804 So.2d 625, 626 ( per curiam) citing Kruger v. Garden Dist. Ass' n, 99-3344 ( La. 3/24/00), 756 So.2d 309, 310-11 ( per curiam).

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT