Jeffrey F. Wiley, Sheriff & Ex Officio Tax Collector for Ascension VS Terry Campbell and APP Group, L.L.C., individually and as class representative, and Amite River Basin Drainage and Water Conservation District
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STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT JEFFREY F AND EX FOR OFFICIO ASCENSION TAX 2013 NO SHERIFF WILEY CW 0845 COLLECTOR PARISH VERSUS TERRY CAMPBELL GROUP AS LLC AND APP INDIVIDUALLY AND 0 S 2 u YO 3 REPRESENTATIVES CLASS AND AMITE DRAINAGE RIVER AND BASIN WATER CONSERVATION DISTRICT Terry Campbell and APP Group LLC individually and as class representatives applying for supervisory writs In Re 23rd Judicial District Court Parish of Ascension No 689 105 PARRO BEFORE WRIT The GRANTED trial involve the handling CRAIN court of declinatory exception relators claims GUIDRY McCLENDON of lis AND DRAKE JJ erred in overruling the The plaintiff s pendens disputed taxes that are the subject of the previously filed proceeding between the same parties in the same capacities in the matter captioned Terry Campbell et al v Board of Commissioners for the Amite River Basin Drainage District District arise out asserted of the Rouge Parish claims The thus same transaction or occurrence and should in reconventional demand a compulsory through filed previously et al pending in the 19 Judicial Baton East Court See proceeding 531 and 1061B Long v Minton La Code of Civ 1361 O1 La App Pro be the arts 3 Cir 3 02 6 reverse the judgment of the trial court in this regard We sustain the dilatory exception of lis pendens It is ordered that Civil Action No 105 689 809 2d So 1242 We entitled Jeffrey therefore Wiley Sheriff and for Ascension Parish v Ex Officio Terry Campbell Tax Collector et a1 23 Judicial District Court without Parish of Ascension be and is hereby dismissed Request for assessment of costs is denied prejudice RHP WJC McClendon Drake J concurs J concurs in part and dissents in part I agree that the 23 Judicial District lacks jurisdiction over this matter I conclude however that the trial court erred in overruling the relators declinatory exception of improper venue I would reverse the judgment of the trial court in this regard and would sustain I the disagree declinatory for dilatory with exception assessment Guidry COURT r J exception the of OF APPEAL majority of costs dissents FIRST FOR CLERK THE improper insofar pendens be Accordingly venue as it sustains I agree that the the Request denied I would grant certiorari in tmatter is CIRCUIT OF COURT COURT 1is should L PUTY of
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