Michael MUDGE, Et Al. v. PLAQUEMINES PARISH COUNCIL, Et Al.

Supreme Court of Louisiana
FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #022
FROM: CLERK OF SUPREME COURT OF LOUISIANA
The Per Curiam handed down on the 22nd day of April, 2016, are as follows:
PER CURIAM:
2016-CA-0587
MICHAEL MUDGE, WILLIAM H. MONIES, JR., CINDY COLE HERMANN, &
RALPH HERMANN v. PLAQUEMINES PARISH COUNCIL, THROUGH BYRON
MARINOVICH, KEITH HINKLEY, PERCY V. GRIFFIN, KIRK LEPINE, DR.
STUART J. GUEY, JR., ANTHONY BURAS, BURGHART TURNER, JEFF
EDGECOMBE, AND MARLA COOPER (Parish of Plaquemines)
Accordingly, the judgment of the district court is vacated. The
case is remanded to the district court for further proceedings.
Page 1 of 1
4/22/2016
SUPREME COURT OF LOUISIANA
NO. 2016-CA-0587
MICHAEL MUDGE, ET AL.
VERSUS
PLAQUEMINES PARISH COUNCIL, ET AL.
PER CURIAM
Intervenor, NOLA Oil Company, Inc., invokes the appellate jurisdiction of this
court pursuant to La. Const. art. V, § 5(D), on the ground that the district court
declared Plaquemines Parish Zoning Ordinance Section VI(M)(1)(b)
unconstitutionally vague.
Pretermitting the merits, we find the district court’s judgment is procedurally
defective. In particular, the record reveals the attorney general was not served with
the pleading challenging the constitutionality of the ordinance as required by La. Code
Civ. P. art. 1880. In Vallo v. Gayle Oil Co., 94-1238 at p. 7 (La. 11/30/94), 646 So.
2d 859, 864, this court explained, “[t]he attorney general is not an indispensable party;
but, he must be served in declaratory judgment actions which seek a declaration of
unconstitutionality of a statute.” The purpose of the service requirement in La. Code.
Civ. P. art. 1880 is to ensure that the attorney general is “afforded the necessary
opportunity to be heard as the codal article requires.” Burmaster v. Plaquemines
Parish Gov’t, 07-2432, p. 5, fn. 6 (La. 5/21/08), 982 So. 2d 795, 801.
Accordingly, the judgment of the district court is vacated. The case is
remanded to the district court for further proceedings.