Charles Branton VS Parish of St. Tammany and St. Tammany Parish Council
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT CHARLES BRANTON NO. 2021 VERSUS PAGE PARISH OF TAMMANY ST. TAMMANY PARISH G. AND 1295 1 OF 2 ST. COUNCIL CONSOLIDATED JOHN CW WITH RAYMOND VERSUS PARISH OF TAMMANY In ST. TAMMANY PARISH Re: Judicial Nos. 2021- 12864 C. J., GRANTED. prematurity, 2021 GUIDRY, trial G. the writs, supervisory Parish of St. Tammany, Court, c/ w 2021- 12868. of October claims exception AND 20, prematurity Raymond, dilatory HOLDRIDGE, WELCH, court' s exception John In reversed. 18, for applying District The the sustaining of Raymond, 22nd plaintiff' s, that G. WHIPPLE, WRIT NOVEMBER ST. COUNCIL John BEFORE: AND 2021 judgment injunction the administrative to procedure or Manor Nursing Home, So. 3d 934, failed Mr. to is remedy plaintiff remedy of the exceptor bears the initial burden of showing an the is objection administrative remedy or procedure applies, by which the lawsuit is premature. Once the existence to JJ. dismissing and seeking raising CHUTZ, 941. has find its is La. specific 1st App. proof. We the enjoin Cir. St. an shifts Plaquemine v. 6/ 17/ 13), of 205 Parish, Tammany further call of then administrative Dutrey defendant, of to the exhausted. that burden lawsuit Raymond' s been 2012- 1295 ( We carry that show burden the established, reason find that this as election due to the alleged unconstitutionality of the process in which the election was called and the proposed referendum placed on the ballot rather than the prospective result of the election, Mr. Raymond may petition the court for an injunction prior to the to the election, the merits See election. of Riverboat Gaming Commission, 885, 1st 888 n. 4; Cir. 6/ 7/ 99- 1710, denied, Premier 99), 739 99- 1679 ( 528 U. S. La. 1062, which Louisiana Games, So. 2d 94- 2015 ( Inc. 852 ( 6/ 14/ 99), 120 should S. Ct. be determined Paddlewheels v. La. per 745 617, 11/ 30/ 94), State, So. 2d 145 646 99- 1297 ( curiam), 15, So. 2d La. writs L. Ed. 2d prior Louisiana v. 604, 512 ( App. denied, cert. 1999). VGW JMG JEW WRC Holdridge, vote for the J., dissents and would deny the writ. proposition fails, the issue is If the moot. STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT 2021 PAGE Accordingly, be tested then the until after plaintiff enforcement COURT of constitutionality the OF APPEAL, the seek may FIRST FOR CLERK THE OF CIRCUIT COURT COURT If injunctive proposition. 1/ DEPUTY election. of the the election to 2 should proposition relief CW 1295 OF 2 not passes, enjoin the
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