Sunshine Truck Stop and Casino, L.L.C. VS State of Louisiana Through the Louisiana Gaming Control Board and the Louisiana Department of Public Safety & Corrections, Office of State Police, Bureau of Investigations, Gaming Enforcement Division and Lucky Star Auto/Truck Stop, L.L.C.
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2010 CA 0276 SUNSHINE TRUCK STOP AND CASINO L C VERSUS STATE OF LOUISIANA THROUGH THE LOUISIANA GAMING CONTROL BOARD AND THE LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS OFFICE OF STATE POLICE BUREAU OF INVESTIGATIONS GAMING ENFORCEMENT DIVISION AND LUCKY STAR AUTOTRUCK STOP L C Judgment Rendered September 10 2010 On Appeal from the 19th Judicial District Court In and for the Parish of East Baton Rouge State of Louisiana Trial Court No 574 946 The Honorable Wilson Fields Judge Presiding Dennis A Pennington Michael J Harig Baton Rouge LA Attorneys for Plaintiff Appellant C Sunshine Truck Stop Casino L Allison U Rovira Attorney for Defendant Appellee Lucky Star Auto Truck Stop L C Baton Rouge LA James D Caldwell Attorney General Karen L Godwin Attorneys for Defendant Appellee State of Louisiana LA Gaming Baton Rouge LA Control Board LA DPS C Office of State Police Bureau of Investigations Gaming Enforcement Division BEFORE CARTER C GAIDRY AND WELCH JJ J OW h CARTER C J By this appeal Sunshine Truck Stop Casino L Sunshine C seeks review of a judgment of the trial court sustaining peremptory exceptions raising the objections of no cause and no right of action urged by Lucky Star AutoTruck Stop L C In the companion appeal of Sunshine Truck Stop and Casino C L v State of Louisiana through the Louisiana Gaming Control Board bearing docket numberl00249 also rendered this date this court determined that s Sunshine petition should be dismissed for lack of subject matter jurisdiction and because Sunshine lacks standing or a right of action Thus for reasons expressed in that companion appeal the trial court judgment of November 13 2009 which s dismissed Sunshine petition is affirmed s Sunshine Truck Stop Costs of this appeal are assessed to Casino L This opinion is issued in accordance with C Uniform Court of Appeal Rule 2 I6 I0 6 1 2A AFFIRMED 2
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