Opinion
No. 2010-C-1709.
January 19, 2011.
On Application for Writs Directed to Civil District Court, Orleans Parish, No. 2010-11454, Division "L-6", Honorable Kern A. Reese, Judge.
Joan Ellen Hunt, R. Christopher Fruge, Louisiana Department of Education, Baton Rouge, Louisiana, Denise M. Brou, Assistant Attorney General, Louisiana Department of Justice, Baton Rouge, Louisiana, for State Board of Elementary and Secondary Education.
James M. Garner, Debra J. Fischman, Sharonda R. Williams, Sher Garner Cahill Richter Klein Hilbert, L.L.C., New Orleans, Louisiana, for State Defendants.
Brent B. Barriere, Harry Rosenberg, D. Skylar Rosenbloom, Sarah E. Vandergriff, Phelps Dunbar LLP, New Orleans, Louisiana, for Orleans Parish School Board.
(Court composed of Judge CHARLES R. JONES, Judge PATRICIA RIVET MURRAY, Judge TERRI F. LOVE, Judge PAUL A. BONIN, Judge DANIEL L. DYSART).
ON REHEARING GRANTED
We granted the application for rehearing filed by the Respondent, the Orleans Parish School Board ("OPSB"), on this writ application in order to allow the parties to argue their respective positions. Having considered the arguments of counsel, the briefs filed by the parties, and the law, we affirm our earlier decision granting the Relator's writ application.
When a plaintiff challenges the ministerial decision or administrative action of a state agency, East Baton Rouge Parish is the only proper venue. Impastato v. State, Div. of Admin., 10-1998 (La. 11/19/10), 50 So.3d 1277 (citing LeBlanc v. Thomas, 08-2869, pp. 9-10 (La.10/20/09), 23 So.3d 241, 246); see also Colvin v. Louisiana Patient's Comp. Fund Oversight Bd., 06-1104 (La.1/17/07), 947 So.2d 15. Such is the case here. The OPSB is challenging the administrative actions of the Relators — Paul G. Pastorek, in his capacity as State Superintendent of Education; Erin Bendily, in her capacity as the Director of Charter Schools for the Louisiana State Board of Elementary and Secondary Education; the Louisiana Department of Education ("DOE"); and the Louisiana State Board of Elementary and Secondary Education ("BESE"). East Baton Rouge Parish is the only proper venue for the OPSB's action. Accordingly, the trial court's decision denying the exception of improper venue is reversed, and the exception of venue is sustained.
WRIT GRANT AFFIRMED
JONES, J., Dissents for the Reasons Assigned by J. LOVE.
LOVE, J., Dissents.
I respectfully dissent from the affirmation of the grant of the writ for the reasons assigned in my original dissent.