Opinion
2022 CW 0221
06-21-2022
MAGNOLIA WOODS CIVIC ASSOCIATION, INC., STEPHEN A. AND MARGARET CROCKETT HARRISON, THOMAS AND AVA LOSAVIO, KEITH AND EMILY MAUNG-DOUGLASS v. THE CITY OF BATON ROUGE/PARISH OF EAST BATON ROUGE
In Re: Magnolia Woods Civic Association, Inc., Steven and Margaret Harrison, Thomas and Ava Losavio, and Keith and Emily Maung-Douglass, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 671, 654.
BEFORE: WHIPPLE, C.J., GUIDRY AND WOLFE, JJ.
WRIT GRANTED. The district court's January 24, 2022 judgment granting the exception of no cause of action filed by Defendants, Gene Luther, Lisa Luther, and Mount Hope Plantation House, LLC, is hereby reversed. The well-pleaded facts of a plaintiff's petition must be accepted as true by a court deciding an exception of no cause of action. Indus. Companies, Inc. v. Durbin, 2002-0665 (La. 1/28/03), 837 So.2d 1207, 1215-16. For the purposes of this exception, this court accepts all of Plaintiffs' well-pleaded factual allegations, "unaffected by the defendants' contentions in pleadings, memoranda, and oral argument." Id. Following our de novo review of Plaintiffs' petition in the instant case, we cannot say "beyond doubt that the plaintiff can prove no set of facts in support of any claim which would entitle him to relief." Fink v. Bryant, 2001-0987, (La. 11/28/01), 801 So.2d 346, 349. We find that plaintiffs have stated a cause of action against Defendants. Accordingly, the Defendants', Gene Luther, Lisa Luther, and Mount Hope Plantation House, LLC, exception of no cause of action is denied. In addition, to the extent that the district court's January 24, 2022 judgment dismissed Defendant, The City of Baton Rouge/Parish of East Baton Rouge, which was not a party to the exception of no cause of action, the judgment is reversed.
VGW
JMG
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