Opinion
2023 CW 0752
10-23-2023
HUBERT C. MILLER, DONALD D. HOOVER, MATTHEW L. SCHENCK, AND SALVADOR MIKE, JR. v. CITY OF HAMMOND, LOUISIANA
City of Hammond, Louisiana, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 20230000695.
BEFORE: WELCH, HOLDRIDGE, AND WOLFE, JJ.
WRIT DENIED.
JEW
EW
Holdridge, J., dissents in part and concurs in part. A suit is premature if it is brought before the right to enforce the claim has accrued. La. Code Civ. P. art. 423. Prematurity is determined by the facts existing at the time suit is filed. Todd v. Angelloz, 2002-1400 (La.App. 1st Cir. 3/28/03), 844 So.2d 316, 318, writ denied, 2003-1210 (La. 6/27/03), 847 So.2d 1276. The exception raising the objection of prematurity may be utilized in cases where the applicable law or contract has provided a procedure for a claimant to seek administrative relief before resorting to judicial action. Id. After a de novo review, I find that the City of Hammond carried its burden in demonstrating that applicable law regarding state supplemental pay for police officers provides administrative procedures before the legislatively created board of review to employees who either seek backpay or dispute the denial of state supplemental payments. La. R.S. 40:1667.1(C) (9), 40:1667.6 and 40:1667.8. Therefore, I find this judicial action to be premature. I would grant this writ with respect to this exception, and reverse the trial court's judgment dated July 12, 2023 denying the exception of prematurity. I concur with the majority in the denial of the remainder of the writ.