Opinion
No. 2010 CA 0276.
September 10, 2010.
ON APPEAL FROM THE 19TH JUDICIAL DISTRICT COURT, IN AND FOR THE PARISH OF EAST BATON ROUGE, STATE OF LOUISIANA TRIAL COURT NO. 574, 946 THE HONORABLE WILSON FIELDS, JUDGE PRESIDING.
Dennis A. Pennington, Michael J. Harig, Baton Rouge, LA, Attorneys for Plaintiff/Appellant, Sunshine Truck Stop Casino, L.L.C.
Allison U. Rovira, Baton Rouge, LA, Attorney for Defendant/Appellee, Lucky Star Auto Truck Stop, L.L.C.
James D. Caldwell, Attorney General, Karen L. Godwin, Baton Rouge, LA, Attorneys for Defendant/Appellee, State of Louisiana LA Gaming, Control Board, LA DPS C, Office of State Police Bureau of Investigations, Gaming Enforcement Division
BEFORE: CARTER, C.J., GAIDRY AND WELCH, JJ.
By this appeal, Sunshine Truck Stop Casino, L.L.C. ("Sunshine") seeks review of a judgment of the trial court sustaining peremptory exceptions raising the objections of no cause and no right of action urged by Lucky Star Auto/Truck Stop, L.L.C. In the companion appeal of Sunshine Truck Stop and Casino, L.L.C. v. State of Louisiana, through the Louisiana Gaming Control Board, bearing docket number 10-0249, also rendered this date, this court determined that Sunshine's petition should be dismissed for lack of subject matter jurisdiction and because Sunshine lacks standing or a right of action. Thus, for reasons expressed in that companion appeal, the trial court's judgment of November 13, 2009, which dismissed Sunshine's petition, is affirmed. Costs of this appeal are assessed to Sunshine Truck Stop Casino, L.L.C. This opinion is issued in accordance with Uniform Court of Appeal Rule 2-16.2A(1), (6), (10).