St. John the Baptist Parish School Board v. State of Louisiana The Louisiana State Board of Elementary & Secondary Education The State of Louisiana Through the Department of Education

Supreme Court of Louisiana
FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #073
FROM: CLERK OF SUPREME COURT OF LOUISIANA
The Per Curiam handed down on the 5th day of December, 2016, is as follows:
PER CURIAM:
2015-CA-1659 ST. JOHN THE BAPTIST PARISH SCHOOL BOARD v. STATE OF LOUISIANA;
THE LOUISIANA STATE BOARD OF ELEMENTARY & SECONDARY EDUCATION;
THE STATE OF LOUISIANA THROUGH THE DEPARTMENT OF EDUCATION
(Parish of E. Baton Rouge)
For the reasons assigned, the judgment of the district court is
vacated and set aside, and the petition is hereby dismissed with
prejudice.
HUGHES, J., would grant and docket.
WEIMER, J., dissents and assigns reasons.
12/05/16
SUPREME COURT OF LOUISIANA
NO. 2015-CA-1659
ST. JOHN THE BAPTIST PARISH SCHOOL BOARD
VERSUS
STATE OF LOUISIANA, ET AL.
PER CURIAM
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. 12/01/04), 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7/12/16) (unpublished), writ denied, 16-1798 (La. 12/5/16), ___ So. 3d ___.
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, vacate the judgment of
the district court and dismiss the suit.
DECREE
For the reasons assigned, the judgment of the district court is vacated and set
aside, and the petition is hereby dismissed with prejudice.
12/05/16
SUPREME COURT OF LOUISIANA
2015-CA-1659
ST. JOHN THE BAPTIST PARISH SCHOOL BOARD
VS.
STATE OF LOUISIANA; THE LOUISIANA STATE BOARD OF
ELEMENTARY & SECONDARY EDUCATION; THE STATE OF
LOUISIANA THROUGH THE DEPARTMENT OF EDUCATION
ON APPEAL FROM THE 19TH JUDICIAL DISTRICT COURT, FOR THE
PARISH OF EAST BATON ROUGE
Hughes, J., would grant and docket.
12/05/16
SUPREME COURT OF LOUISIANA
NO. 15-CA-1659
ST. JOHN THE BAPTIST PARISH SCHOOL BOARD
VERSUS
STATE OF LOUISIANA; THE LOUISIANA STATE BOARD
OF ELEMENTARY & SECONDARY EDUCATION; THE STATE OF
LOUISIANA THROUGH THE DEPARTMENT OF EDUCATION
ON DIRECT APPEAL FROM THE 19TH JUDICIAL DISTRICT COURT
PARISH OF EAST BATON ROUGE
WEIMER, J., dissenting.
I believe matters of great public significance, such as this one, which is related
to the funding of public education, merit the state supreme court’s full consideration.
On this basis, I would docket this matter for full briefing and argument before
rendering a considered opinion.