Colby S. Harrington VS Board of Supervisors of Louisiana State University and Agricultural and Mechanical College and Andrea Carroll
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT COLBY HARRINGTON S. 2020 NO. PAGE VERSUS BOARD OF SUPERVISORS LOUISIANA AND CW STATE 1 OF 2 OF UNIVERSITY AGRICULTURAL MECHANICAL 1012 DECEMBER AND COLLEGE 2020 14, AND ANDREA CARROLL In Re: Board of Supervisors Agricultural of Carroll, applying District Court, Louisiana Mechanical and for State University College 19th supervisory writs, Parish East of Baton and Andrea and Judicial No. Rouge, 691612. BEFORE: McDONALD, WRIT of GRANTED. judicial authorize of HIGGINBOTHAM, The review trial a Trustees So. 2d 849 ( trial court the Police La. 1979). a Pension an La. WOLFE, Procedure City of New do not Board v. 367 Orleans, decision administrative JJ. scope Act Buras 49: 964( G) R. S. and nature court. reviewing Fund of Although reviewing the Administrative in novo of defining provisions under de LANIER AND THERIOT, the makes factfinder a who weighs the evidence and makes its own conclusions of fact by a confines the record, additional before 845 in admitting procedure granted 457. Procedure additional by mandated and that Without claims Act, are we de portion novo, 49: 964. R. S. of that the trial on reviewable trial Therefore, court' s included decision of of Mechanical proceeding, is prescription School for or reversed. due State to readmission conduct We the full a pretermit lack a of the the and the erred the writ 23, administrative Board Mr. decision of and S. Colby Louisiana fair State disciplinary on the in evidence is 2020 Agricultural and review to under Procedure Act, defendants, University Carroll, the not court September of that ordered Andrea and application Law enforcement and Louisiana College Harrington' s of stay expulsion, Supervisors University the Cir. or following without judgment granting relief under the Administrative which whether to State 1st App. the court Louisiana v. ruling the restricts La. indeed find evidence La. expressly to its decision expressly 2001- 2917 ( System, 454, agency Dobrowolski agency." Harrington' s Colby S. Administrative the found material by the evidence the So. 2d of 49: 964( E) R. S. Retirement 2/ 14/ 03), review s 49: 964( F) R. S. La. evidence, court' La. of taken Employees' Mr. trial and submission that " the of preponderance issue this of writ application. JMM WIL EW Higginbotham, Theriot, J., concurs J., concurs in in the part result. and • dissents in part. The grant of authority constitutionally vested in management boards, such and as the Board Agricultural of Supervisors and of Mechanical Louisiana College, State University precludes the STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT 2020 NO. CW PAGE of application of La. has See also La. to Const. Accordingly, and the trial under I reversed, dismiss the dissent s agree from the DE U Y CLERK FOR THE FIRST OF that Colby CIRCUIT COURT COURT 7. This management Procedure the Procedure Act, should the relation Id. be judgment Act majority claims due 598 La. board governing approval. writ Harrington, 1223 ( its 2 Board So. 2d or OF So. 2d 444 2020 of 2 v. 442 including this 23, reasons S. Grace regulations consent September Administrative OF APPEAL, and universities, inapplicability. COURT VIII, § Administrative plaintiff' s, Louisiana I while court' Act. Universities, denied, legislative without 601. rules the of Procedure and writ art. adopt management students, relief Colleges 1983), Cir. authority internal to Administrative State 1st App. 1984). the for Trustees 1012 at granted granting be should and would under the to its
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