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Jenkins v. City of Baton Rouge

Court of Appeals of Louisiana, First Circuit

March 9, 2015

LOUIS " WOODY" JENKINS, JR.
v.
CITY OF BATON ROUGE AND EAST BATON ROUGE PARISH METROPOLITAN COUNCIL

Appealed from the 19th Judicial District Court, In and for the Parish of East Baton Rouge State of Louisiana. Case No. C631231. The Honorable Janice Clark, Judge Presiding.

Alexis A. St. Amant, II, Baton Rouge, Louisiana, Counsel for Plaintiff/Appellant, Louis " Woody" Jenkins, Jr.

Mary Olive Pierson, Baton Rouge, Louisiana, Counsel for Defendant/Appellee, City of Baton Rouge and East, Baton Rouge Parish Metropolitan, Council.

Lea Anne Batson, Interim Parish Attorney, Ashley Beck, Special Assistant Parish Attorney, Baton Rouge, Louisiana.

BEFORE: GUIDRY, THERIOT, AND DRAKE, JJ.

OPINION

Page 1033

[2014 1235 La.App. 1 Cir. 2] THERIOT, J.

In this case involving the annexation of property into the City of Baton Rouge, the plaintiff opposing the annexation has appealed from a district court judgment sustaining an exception raising the objection of no right of action and dismissing his petition with prejudice. For the reasons set forth herein, we affirm.

FACTS AND PROCEDURAL HISTORY

On May 2, 2014, the owners of certain tracts of land located in East Baton Rouge Parish presented a petition to the East Baton Rouge Parish Metropolitan Council (" Metropolitan Council" ) to annex a body of land into the City of Baton Rouge pursuant to the procedure provided by the

Page 1034

East Baton Rouge Parish Plan of Government, Section 1.09, which provides:

SECTION 1.09

Additions to the Boundaries of the City of Baton Rouge

Whenever a majority in number and amount of property tax payers, as certified by the Assessor, in any compact body of land adjoining the City of Baton Rouge but not part of an industrial area, shall petition the governing body of the city to be included in the boundaries of the City of Baton Rouge the said body shall fix a time, not less than ten nor more than thirty days after the filing of such petition, at which it shall hold a public hearing on the proposal to so extend the boundaries of the City of Baton Rouge. Notice of such hearing and of its time, place, objects and purposes, shall be given by publication twice in the official journal of the parish, which publication shall be completed not less than five days prior to the hearing. The valuation of the property owned by each of the signers of the petition shall be certified by the Parish Assessor as the valuation of such property appears in the last completed assessment of property, provided that he shall take account of subsequent change of ownership and if in any case the property of the present owner has not been specifically assessed the Assessor is authorized and directed to estimate the value of such property. After the conclusion of the hearing the governing body of the city may in its discretion add by ordinance, without additional public hearing, such body of land to the boundaries of the City of Baton Rouge and as such it shall become part of the City of Baton Rouge. Such ordinance shall be published in accordance with law and shall not go into effect until the thirtieth day following its final passage. During [2014 1235 La.App. 1 Cir. 3] such period any citizen of the city or the area proposed to be added thereto may file and appeal therefrom in the District Court in the manner and with the effect provided by law. After the conclusion of such period the ordinance shall not be contested or attacked for any reason or cause whatever. (As amended October 20, 2007)

After a public hearing on May 14, 2014, the Metropolitan Council voted in favor of an ordinance granting ...


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