Peter Truitt and Lynda Truitt v. The West Feliciana Parish Government, The West Feliciana Parish Council and The West Feliciana Parish Planning and Zoning Commission ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL
FIRST CIRCUIT
NUMBER 2019 CA 0808
PETER TRUITT AND LYNDA TRUITT
v
VERSUS
WEST FELICIANA PARISH GOVERNMENT, WEST FELICIANA PARISH
COUNCIL, AND WEST FELICIANA PARISH PLANNING AND
ZONING COMMISSION
Judgment Rendered: FEB 2 17020
On appeal from the
Twentieth Judicial District Court
In and for the Parish of West Feliciana
State of Louisiana
Docket Number 23377
Honorable William G. Carmichael, Judge Presiding
Robert L. Atkinson Counsel for Plaintiffs/ Appellants
Justin B. Schmidt Peter Truitt and Lynda Truitt
Thomas R. Temple, Jr.
Carroll Devillier
Baton Rouge, LA
Dannie P. Garrett, III Counsel for Defendants/ Appellees
Baton Rouge, LA West Feliciana Parish Government,
West Feliciana Parish Council, and
West Feliciana Parish Planning and
Zoning Commission
BEFORE: WHIPPLE, C. J., GUIDRY, AND BURRIS,' JJ -
1 Judge William J. Burris, retired, serving pro tempore by special appointment of the Louisiana
Supreme Court.
GUIDRY, J.
In this zoning case, the plaintiffs appeal from a judgment granting a
peremptory exception of no cause of action filed by the named defendants. For the
reasons that follow, we reverse and remand.
FACTS AND PROCEDURAL HISTORY
This matter arises from the actions of the West Feliciana Parish Planning
and Zoning Commission ( Commission) and the West Feliciana Parish Council
Parish Council) in recommending and approving a zoning map amendment. The
plaintiffs, Peter Truitt and Lynda Truitt ( the Truitts), appeal the Parish Council' s
October 8, 2018 approval of a request to rezone 29. 9 acres of property located in
St. Francisville, Louisiana from an R -A, residential agriculture zoning district, to a
C- 2, general commercial zoning district. The Truitts own an approximate 132 -acre
parcel that abuts the property which is the subject of the zoning map amendment.
The Truitts' primary residence is situated on the southern border of the subject
property.
On or about November 5, 2018, the Truitts filed a petition to have the Parish
Council' s decision approving the rezoning of the aforementioned property
overturned. Named as defendants in the petition were the West Feliciana Parish
Government, Parish Council, and Commission. The petition sets forth a multitude
of facts describing the actions of the Parish Council and Commission, as well as
the actions of the members and staffs of those two bodies, in the process of
approving the zoning map amendment.
In response to the Truitts' petition, on or about December 3, 2018, the
named parties filed a dilatory exception of lack of procedural capacity and
peremptory exception of no cause of action. On January 23, 2019, a hearing on the
exceptions was held, and after taking the matter under advisement, the trial court
issued written reasons. The trial court concluded that neither the Parish Council nor
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the Commission " were given independent juridical capacity ... but are only parts
of the West Feliciana Parish Government." The trial court also decided that the
stated allegations did not " arise to the level of arbitrary or capricious action on the
part of the West Feliciana Parish Government."
Consistent with its written reasons, the trial court rendered judgment on
February 25, 2019, granting the exception of lack of procedural capacity as to the
Parish Council and Commission, and granting the peremptory exception of no
cause of action. The petition was dismissed with prejudice. Now, the Truitts
appeal that portion of the judgment granting the exception of no cause of action
and assign the following errors: the trial court erred in granting the exception of no
cause of action where the procedures utilized by the West Feliciana Parish
Government to approve the zoning map amendment ( 1) violated applicable zoning
ordinances and ( 2) " were an arbitrary and capricious abuse of discretion that was
unreasonable under the circumstances." 2
DISCUSSION
A cause of action, for purposes of the peremptory exception, is defined as
the operative facts that give rise to the plaintiff' s right to judicially assert the action
against the defendant. Ramey v. DeCaire, 03- 1299, p. 7 ( La. 3/ 19/ 04), 869 So. 2d
114, 118. The function of the exception of no cause of action is to test the legal
sufficiency of the petition by determining whether the law affords a remedy on the
facts alleged in the petition. Ramey, 03- 1299 at p. 7, 869 So. 2d at 118.
Generally, no evidence may be introduced to support or controvert the
exception of no cause of action. La. C. C. P. art. 931. All facts pled in the petition
2 The plaintiffs were granted an appeal from the trial court' s February 25, 2019 judgment. ( R.
150- 153) However, on appeal, issues pertaining to the dilatory exception were not urged by brief
or otherwise. Therefore, we do not address the dilatory exception and deem any appeal of that
exception abandoned. See Rule 1- 3, Uniform Rules, Courts of Appeal; McNamara v. The
Electrode Corporation, 418 So. 2d 652, 654 n. l ( La. App. 1 st Cir. 1982).
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must be accepted as true, and any doubts are resolved in favor of the sufficiency of
the petition to state a cause of action. Bayou Liberty Ass' n, Inc. v. St. Tammany
Parish Council, 05- 1228, p. 6 ( La. App. 1st Cir. 6/ 9/ 06), 938 So. 2d 724, 728. The
only issue at the trial of the exception is whether, on the face of the petition, the
plaintiff is legally entitled to the relief sought. If the petition alleges sufficient
facts to establish a case cognizable in law, the exception raising the objection of no
cause of action must fail. In addition, when a petition states a cause of action as to
any ground or portion of a demand, the exception should be overruled. Bayou
Liberty Ass' n, Inc., 05- 1228 at p. 7, 938 So. 2d at 728. Appellate courts review a
judgment sustaining a peremptory exception raising the objection of no cause of
action de novo. Ramey, 03- 1299 at p. 7, 869 So. 2d at 119.
Further, a challenge to a zoning decision in Louisiana is a de novo
proceeding on the issue of whether the result of the legislation is arbitrary and
capricious. Palermo Land Co., Inc. v. Planning Com' n of Calcasieu Parish, 561
So. 2d 482, 492 ( La. 1990). Zoning falls under the jurisdiction of the legislature,
and as such, courts will not interfere with their prerogative unless the action is
palpably erroneous and without any substantial relation to the public health, safety,
or general welfare. Toups v. City of Shreveport, 10- 1559, p. 3 ( La. 3/ 15/ 11), 60
So. 3d 1215, 1217. As provided for in La. R.S. 33: 4721,
flor the purpose of promoting health, safety, morals, or the general
welfare of the community, the governing authority of all
municipalities may regulate and restrict ... the location and use of the
buildings, structures, and land for trade, industry, residence, or other
purposes; provided that zoning ordinances enacted by the governing
authority of municipalities or the acts of the zoning commission,
board of adjustment as herein provided for, or zoning administrator
shall be subject to judicial review on the grounds of abuse of
discretion, unreasonable exercise of the police powers, an excessive
use of the power herein granted, or the denial of the right of due
process ... .
Appellate review of a district court judgment regarding its consideration of a
zoning board decision does not consider whether the district court manifestly erred
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in its findings, but whether the zoning board acted arbitrarily, capriciously or with
any calculated or prejudicial lack of discretion. King v. Caddo Parish Commission,
97- 1873, pp. 14- 15 ( La. 10/ 20/ 98), 719 So. 2d 410, 418. The terms " arbitrary and
capricious" mean willful and unreasoning action, absent consideration and in
disregard of the facts and circumstances of the case. However, when there is room
for two opinions, an action is not arbitrary or capricious when exercised honestly
and upon due consideration, even though it may be believed an erroneous
conclusion has been reached. Toups, 10- 1559 at pp. 3- 4, 60 So. 3d at 1217. When
the propriety of a zoning decision is debatable, it will be upheld. Palermo Land
Co., Inc., 561 So. 2d at 493.
In this case, there are numerous allegations made by the plaintiffs against the
West Feliciana Parish Government through the Parish Council, the Commission,
and their respective staff, to include: ( 1) a select number of Commission members
lacked the requisite number of training hours; ( 2) a commissioner made a public
misstatement of law at a commission meeting; ( 3) a member of the Parish council
and the Parish President made public statements in favor of the zoning map
amendment; ( 4) the Commission and Parish Council relied, inappropriately, on an
oral promise from the zoning applicant about how the subject property would be
used; ( 5) a Council member worked with the zoning applicant in advance of the
public hearing; ( 6) the Commission failed to consider or suggest that a Planned
Unit Development District be implemented; ( 7) the Commission and Parish
Council failed to consider review criteria relevant to the West Feliciana Parish
Ordinances and a zoning map amendment; and ( 8) the Commission and Parish
Council failed to consider the West Feliciana Parish Comprehensive Plan (" master
plan") in violation of La. R.S. 33: 109( B). The plaintiffs further assert that the
actions of the Parish Council and Commission were arbitrary and capricious and
that "[ p] erhaps most significantly, the Planning and Zoning Commission acted
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arbitrarily and capriciously in recommending the approval of the Zoning Map
Amendment because it clearly failed to follow the statutory requirements ... of the
Planning and Zoning Chapter." Under the West Feliciana Parish Code of
Ordinances, Article 5, Section 135- 154( i)( 4)( b), when taking up a zoning map
amendment, the Planning and Zoning commission shall consider the
recommendation of the administrator, relevant comments of all interested parties,
and the review criteria of subsection ( i)(6). 3 ( Emphasis added.) Additionally,
Section 134- 154( i)( 5)( b) provides that the Parish Council shall consider the
recommendations of the administrator, Commission, relevant comments of all
interested parties and the above- mentioned review criteria. ( Emphasis added.)
In ruling on the plaintiffs' petition, the trial court stated in its reasons for
judgment, " Though the allegations may show some clerical or procedural
irregularities, none, taken together or individually, if true, arise to the level of
arbitrary or capricious action on the part of the West Feliciana Parish
Government." We find, however, that the plaintiffs have alleged sufficient facts to
state a cause of action, particularly where the plaintiffs allege that the Commission
and Parish Council failed to consider the seven review criteria set forth in Section
135- 154( i)(6).
3 Under Article 5, Section 135- 154( 1)( 6), review criteria for a zoning map amendment include:
a. The proposed zoning map amendment is consistent with the pertinent
elements of the parish comprehensive plan;
b. The proposed zoning map amendment is consistent with the areas designated
context;
c. The proposed zoning map amendment will reinforce the existing or planned
character of the neighborhood;
d. The site is appropriate for the development allowed in the proposed district;
e. There are substantial reasons why the property cannot be used according to
the existing zoning;
f. The capacity of public facilities and services including schools, roads,
recreation facilities, wastewater treatment, water supply and stormwater
facilities, police, fire and emergency medical services are adequate for the
development allowed in the proposed district; and
g. The zoning map amendment will not substantially or permanently injure the
appropriate use of adjacent conforming properties.
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Specifically, the plaintiffs herein assert that the Commission is legally
obligated to make a good faith effort in meeting the statutory requirements of
Section 135- 154( i)(4)( b), noting, in accordance with the ordinance, that they
shall" consider the seven review criteria. The plaintiffs allege that " no such
consideration" is contained in the produced public records. In addition, they allege
that the Planning and Zoning Department' s internal records on the proposed zoning
map amendment are " completely devoid of any formal or informal notes,
observations, written reports, minutes from internal discussions ... or a more
formal written preliminary staff report," which would indicate that a good faith
effort was made to comply with Section 135- 154( 1), and that the Parish Council
took action on the zoning map amendment without considering the review criteria.
Accepting the allegations in the petition as true, the plaintiffs, thus, have alleged
facts sufficient to give rise to an action based on the failure of the West Feliciana
Parish Government to consider the review criteria, amounting to actions which are
arbitrary and capricious, or an abuse of discretion.
In Bayou Liberty Ass' n, this court found that the defendant parish council
had abused its discretion by violating a parish zoning ordinance. This court thus
reversed the decision of the trial court, which had granted the defendant' s
exception of no cause of action. Bayou Liberty Ass' n, 05- 1228 at p. 8- 9, 938 So.
2d at 729. Here, while we recognize that the underlying facts and allegations in
Bayou Liberty Ass' n differ from those in the present action, it is nonetheless our
opinion that the plaintiffs have stated a cause of action by alleging facts to show a
violation of the West Feliciana Parish Code of Ordinances. Having so found, we
pretermit any discussion of the plaintiffs' remaining allegations and assignment of
error.
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CONCLUSION
For the foregoing reasons, the February 25, 2019 judgment of the trial court
granting the exception of no cause of action filed by the West Feliciana Parish
Government, West Feliciana Parish Council, and West Feliciana Parish Planning
and Zoning Commission is reversed. This matter is remanded to the trial court for
further proceedings. Costs of this appeal are assessed to the appellees, the West
Feliciana Parish Government, West Feliciana Parish Council, and West Feliciana
Parish Planning and Zoning Commission.
REVERSED AND REMANDED.
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