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Credeur v. Latiolais

Court of Appeal of Louisiana, Third Circuit

February 4, 2015

ALPHONSE J. CREDEUR, ALTON JOSEPH STEVENSON, & LENIS DALE TRAHAN
v.
RICHARD " DICKIE" LATIOLAIS, IN HIS CAPACITY AS SECRETARY-TREASURER FOR THE ACDADIA PARISH POLICE JURY, & THE ACADIA PARISH POLICE JURY

APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT, PARISH OF ACADIA, DOCKET NO. 2013-10645, DIVISION D. HONORABLE EDWARD RUBIN, DISTRICT COURT JUDGE.

Holden Hoggatt, Hoggatt Law Group, APLC, Lafayette, Louisiana, COUNSEL FOR PLAINTIFFS/APPELLANTS: Alphonse J. Credeur, Alton Joseph Stevenson, and Lenis Dale Trahan.

F. Douglas Wimberly, Cloyd, Wimberly & Villemarette, L.L.C., Lafayette, Louisiana, COUNSEL FOR DEFENDANTS/APPELLEES: Richard " Dickie" Latiolais and The Acadia Parish Police Jury.

Court composed of Ulysses Gene Thibodeaux, Chief Judge, James T. Genovese, and David Kent Savoie, Judges.

OPINION

[14-895 La.App. 3 Cir. 1] GENOVESE, Judge.

Plaintiffs appeal the trial court's grant of summary judgment in favor of Defendants.

Page 249

For the following reasons, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs, Alphonse J. Credeur, Alton Joseph Stevenson, and Lenis Dale Trahan, are duly elected members of the Acadia Parish Police Jury. Defendant, Richard " Dickie" Latiolais, is Secretary/Treasurer for the Acadia Parish Police Jury. On June 21, 2013, Plaintiffs filed a Petition for Injunctive Relief[1] and Declaratory Judgment against the Acadia Parish Police Jury and Mr. Latiolais, in his capacity as Secretary/Treasurer of the Acadia Parish Police Jury (Defendants). According to Plaintiffs, Mr. Latiolais authorized the illegal disposal of waste generated outside the boundaries of Acadia Parish when he " ordered and caused to issue Acadia Parish Sanitary Landfill permit number 00930 to Affordable Pools, LLC." Plaintiffs sought a declaratory judgment declaring the aforementioned [14-895 La.App. 3 Cir. 2] permit " null, void, and without legal effect insofar as it permits waste generated outside the boundaries of Acadia Parish to be deposited in the Acadia Parish Sanitary Landfill." Plaintiffs also requested preliminary and permanent injunctions, enjoining and prohibiting Defendants " from issuing or causing to be issued any and all permits that allow the deposit of waste generated outside Acadia Parish into the Acadia Parish Sanitary Landfill." Citing Police Jury of the Parish of Acadia v. All Taxpayers, 95-145 (La.App. 3 Cir. 3/29/95), 653 So.2d 94, writ denied, 95-1069 (La. 6/30/95), 657 So.2d 1032, Plaintiffs contend that this court's ruling " expressly stated that the Police Jury may not authorize the Landfill to dispose of waste generated outside of Acadia [P]arish."

Defendants filed an Answer to Petition for Injunctive Relief and Declaratory Judgment on July 25, 2013. Defendants averred that permit number 00930 " was revoked and voided on February 6, 2013."

On September 13, 2013, Defendants filed a Motion for Summary Judgment restating that permit number 00930 was revoked on February 6, 2013, and asserting that " there already exists a permanent injunction which prohibits Acadia Parish from accepting out-of-parish waste." Defendants also rely upon Police Jury of the Parish of Acadia, 653 So.2d 94; however, it is Defendants' contention that the injunction Plaintiffs seek already exists and that it stems from this court's ruling in

Page 250

that case. Defendants sought summary judgment as a matter of law on the basis that no controversy or conflict exists. In support of the Motion for Summary Judgment, Defendants offered into evidence the affidavits of Defendant, Mr. Latiolais; Robert Hebert, Acadia Parish Sanitary Landfill Supervisor; and, Glenn and Waylon Daigle, owners of Affordable Pools, LLC. According to Mr. Latiolais, permit number 00930 was revoked on February 6, 2013, after a [14-895 La.App. 3 Cir. 3] meeting of the Acadia Parish Police Jury wherein there was " disagreement expressed by and among the members[.]" According to Mr. Hebert, he " was informed by [Mr. Latiolais] on the morning of February 6, 2013[,] that the permit issued to Affordable Pools, LLC[,] had been revoked[.]" The affidavit of Glenn and Waylon Daigle echoes the affidavits of Mr. Latiolais ...


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