Stay order recalled. Writ denied in part and granted in part. The court of appeal properly ruled that relator’s action should have been filed in the Twenty-Fourth Judicial District Court. The court should have transferred this matter to the Twenty-Fourth Judicial District Court, where it will be consolidated with a similar pending action on which the trial judge has deferred ruling until this Court rules in this matter. Accordingly, the application is transferred to the Twenty-Fourth Judicial District Court to conduct a hearing on the petition for injunc-tive relief. Application is otherwise denied.

concurring.

The court of appeal improperly referred to the issue as one of subject matter jurisdiction. La.Code Civ.Proc. art. 2811 is a rule of venue. See La.Code Civ.Proc. art. 44, classifying Article 2811 as a rule of nonwaivable venue. See also In re Howard Marshall Trust, 97-1718 (La.3/4/98), — So.2d -, 1998 WL 94426 (Lemmon, J., Concurring). Since venue in Orleans Parish was improper, the case should have been transferred to Jefferson Parish. La.Code Civ.Proc. art. 121.