DocketNumber: NO. 2015-CA-1659
Citation Numbers: 213 So. 3d 384, 2016 La. LEXIS 2475
Judges: Weimer, Hughes
Filed Date: 12/5/2016
Status: Precedential
Modified Date: 10/19/2024
The State of Louisiana, the Louisiana State Board of Elementary & Secondary Education, and the State of Louisiana, through the Department of Education lodged this direct appeal pursuant to La. Const. Art. V, § 5(D), seeking review of the district court’s judgment declaring 2010 HRC 243 and 2011 HRC 130 violate La. Const. Art. VIII, § 2(A)(4)(a).
Pretermitting the merits, we find this case fails to present a justiciable controversy upon which relief can be granted. See Council of the City of New Orleans v. Sewerage and Water Board of New Orleans, 06-1989 (La. 4/11/07), 953 So.2d 798; Hoag v. State, 04-0857 (La. 12/1/04), 889 So.2d 1019; see also St. John the Baptist Parish School Board v. State of Louisiana, 15-0264 (La.App. 1st Cir. 7/12/16) (unpublished), writ denied, 16-1798 (La. 12/5/16), 211 So.3d 390. Accordingly, on our own motion pursuant to La. Code Civ. P. art. 927(B), we recognize the failure of the petition to state a cause of action,
DECREE
For the reasons assigned, the judgment of the district court is vacated and set aside, and the petition is hereby dismissed with prejudice.