St. John Baptist Parish v. Dutch Bayou Dev. Co.

3 Citing cases

  1. Healthy Gulf & Sierra Club v. Sec'y, La. Dep't of Nat. Res.

    No. 2024-CA-0286 (La. Ct. App. Dec. 23, 2024)

    Accordingly, "an appellate court sitting in review of an administrative agency reviews the findings and decision of the administrative agency and not the decision of the district court." St. John the Baptist Par. v. Dutch Bayou Dev. Co., 2019-357, p. 7 (La.App. 5 Cir. 1/29/20), 290 So.3d 292, 297 (citing Sylvester v. City of New Orleans Through Code Enforcement and Hearings Bureau, 2017-0283, p. 4 (La.App. 4 Cir. 10/11/17), 228 So.3d 285, 287).

  2. Sunset Harbour, LLC v. The City of New Orleans

    378 So. 3d 157 (La. Ct. App. 2023)   Cited 1 times

    In the application of this rule, where the agency has the opportunity to judge the credibility of witnesses by first-hand observation of demeanor on the witness stand and the reviewing court does not, due regard shall be given to the agency’s determination of credibility issues. [6, 7] Moreover, "the decisions of the administrative agency are subject to a rebuttable presumption of validity and should not be reversed by a reviewing court absent ‘a clear showing that the decision (1) was arbitrary or capricious, (2) was an abuse of the hearing officer’s discretion, or (3) was manifestly erroneous based on 10the evidence in the record on appeal.’ " St. John the Baptist Par. v. Dutch Bayou Dev. Co., 19-357, p. 8 (La. App. 5 Cir. 1/29/20), 290 So.3d 292, 298 (quoting Gebre v. City of New Orleans, 14-0904, 14-0905, p. 7 (La. App. 4 Cir. 10/7/15), 177 So.3d 723, 730). Appellants bear the burden of proof "to demonstrate any grounds for reversal or modification."

  3. Ford v. La. State Bd. of Practical Nurse Exam'rs

    361 So. 3d 1200 (La. Ct. App. 2023)   Cited 1 times

    The agency shall submit to the reviewing court the original or certified copy of the entire record of the administrative proceeding under review unless stipulated to the contrary by the parties. La. R.S. 49:978.1(D) ; St. John the Baptist Parish v. Dutch Bayou Development Company, Inc. , 19-357 (La. App. 5 Cir. 1/29/20), 290 So.3d 292, 297. A party aggrieved by the district court's decision is also entitled to appeal to the appropriate appellate court as in other civil cases.