ST. JOHN THE BAPTIST PARISH SCHOOL BOARD v. STATE of Louisiana, Et Al.

Supreme Court of Louisiana

FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #073 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Per Curiam handed down on the 5th day of December, 2016, is as follows: PER CURIAM:

2015-CA-1659 ST. JOHN THE BAPTIST PARISH SCHOOL BOARD v. STATE OF LOUISIANA;

THE LOUISIANA STATE BOARD OF ELEMENTARY & SECONDARY EDUCATION; THE STATE OF LOUISIANA THROUGH THE DEPARTMENT OF EDUCATION (Parish of E. Baton Rouge) For the reasons assigned, the judgment of the district court is vacated and set aside, and the petition is hereby dismissed with prejudice.

HUGHES, J., would grant and docket.

WEIMER, J., dissents and assigns reasons.

NO. 2015-CA-1659

ST. JOHN THE BAPTIST PARISH SCHOOL BOARD

VERSUS STATE OF LOUISIANA, ET AL.

PER CURIAM

The State of Louisiana, the Louisiana State Board of Elementary & Secondary Education, and the State of Louisiana, through the Department of Education lodged this direct appeal pursuant to La. Const. Art. V, §5(D), seeking review of the district court’s judgment declaring 2010 HRC 243 and 2011 HRC 130 violate La. Const. Art. VIII, §2(A)(4)(a).

Pretermitting the merits, we find this case fails to present a justiciable controversy upon which relief can be granted. See Council of the City of New Orleans v. Sewerage and Water Board of New Orleans, 06-1989 (La. 4/11/07), 953 So.2d 798; Hoag v. State, 04-0857 (La. 12/01/04), 889 So.2d 1019; see also St. John the Baptist Parish School Board v. State of Louisiana, 15-0264 (La. App. 1st Cir. 7/12/16) (unpublished), writ denied, 16-1798 (La. 12/5/16), ___ So. 3d ___. Accordingly, on our own motion pursuant to La. Code Civ. P. art. 927(B), we recognize the failure of the petition to state a cause of action, vacate the judgment of the district court and dismiss the suit.

DECREE

For the reasons assigned, the judgment of the district court is vacated and set aside, and the petition is hereby dismissed with prejudice.

2015-CA-1659

ST. JOHN THE BAPTIST PARISH SCHOOL BOARD

VS.

STATE OF LOUISIANA; THE LOUISIANA STATE BOARD OF ELEMENTARY & SECONDARY EDUCATION; THE STATE OF LOUISIANA THROUGH THE DEPARTMENT OF EDUCATION

ON APPEAL FROM THE 19TH JUDICIAL DISTRICT COURT, FOR THE

PARISH OF EAST BATON ROUGE Hughes, J., would grant and docket.

NO. 15-CA-1659

ST. JOHN THE BAPTIST PARISH SCHOOL BOARD

VERSUS

STATE OF LOUISIANA; THE LOUISIANA STATE BOARD

OF ELEMENTARY & SECONDARY EDUCATION; THE STATE OF LOUISIANA THROUGH THE DEPARTMENT OF EDUCATION

ON DIRECT APPEAL FROM THE 19TH JUDICIAL DISTRICT COURT

PARISH OF EAST BATON ROUGE

WEIMER, J., dissenting.

I believe matters of great public significance, such as this one, which is related to the funding of public education, merit the state supreme court’s full consideration. On this basis, I would docket this matter for full briefing and argument before rendering a considered opinion.