Judge Emmanuel Rules on LA 3132 Exceptions On August 30, 2013, NLCOG was in court for a hearing on the defendant’s exceptions to the suit filed by Willis Knight Health System, Inc. and Finish 3132 Coalition in September 2012. Following intensive oral argument, the Court granted NLCOG’s exceptions of no cause of action and prematurity and J. Kent Rogers’, NLCOG’s Executive Director, exception of lack of procedural capacity. In NLCOG’s case, the Court agreed with NLCOG that Plaintiffs’ complaints about the Highway 3132 planning process were premature. In addition, the Court found that the Plaintiffs’ suit failed to allege that NLCOG violated any law during the Highway 3132 planning process. In the case of J. Kent Rogers and other individuals (Mayor Cedric Glover and City Engineer Ron Norwood), the Court ruled that any actions taken by these individuals were done in their official capacity and not as individuals, dismissing the claims against those individual defendants. In addition, the Court denied the exception of improper venue filed by the Louisiana Department of Transportation and Development. Finally, the Court took the exceptions asserted by the Larkin entities under advisement, and a ruling on the Larkin entities’ exceptions is expected soon. While the Plaintiffs will have the opportunity to amend their pleadings to cure any defects raised by the Defendants’ exceptions, NLCOG’s exception of prematurity requires the dismissal of all claims against NLCOG and cannot be cured by amendment under Louisiana Code of Civil Procedure article 933.
Posted on: Fri, 30 Aug 2013 22:16:00 +0000
Trending Topics
Recently Viewed Topics
© 2015