JEFFERSON PARISH HOSPITAL SERVICE DISTRICT NO. 2, PARISH OF JEFFERSON, STATE OF LOUISIANA, D/B/A EAST JEFFERSON GENERAL HOSPITAL
HOSPITAL SERVICE DISTRICT NO. 1 OF THE PARISH OF ST. CHARLES D/B/A ST. CHARLES PARISH HOSPITAL
APPEAL FROM THE TWENTY-NINTH JUDICIAL DISTRICT COURT PARISH
OF ST. CHARLES, STATE OF LOUISIANA NO. 81, 251, DIVISION
"E" HONORABLE TIMOTHY S. MARCEL, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLANT, JEFFERSON PARISH HOSPITAL
SERVICE DISTRICT NO. 2, PARISH OF JEFFERSON, STATE OF
LOUISIANA, D/B/A EAST JEFFERSON GENERAL HOSPITAL P. J.
Stakelum, III David R. Sherman
S. Newbauer COUNSEL FOR DEFENDANT/APPELLEE, HOSPITAL SERVICE
DISTRICT NO. 1 OF THE PARISH OF ST. CHARLES PARISH D/B/A ST.
CHARLES PARISH HOSPITAL Matthew K. Brown Jack M. Stolier
composed of Fredericka Homberg Wicker, Marc E. Johnson, and
Robert A. Chaisson
FREDERICKA HOMBERG WICKER JUDGE
appeal arises out of a judgment of the district court
granting a declinatory exception of lack of subject matter
jurisdiction in favor of defendant, Hospital Service District
No. 1 of the Parish of St. Charles (the "SCPH
District"), and dismissing without prejudice the
declaratory action that plaintiff, Jefferson Parish Hospital
Service District No. 2 ("EJGH"), filed against the
SCPH District. Although the SCPH District initially objected
to EJGH's attempt to open the designated healthcare
facility within the bounds of St. Charles Parish's
hospital service district, the SCPH District has since
withdrawn its objection to this facility, and the record
contains no evidence that EJGH is considering further
expansion within the boundaries of the SCPH District.
Accordingly, we affirm the judgment of the district court and
find that the court did not have subject matter jurisdiction
because there is presently no justiciable controversy between
the SCPH District and EJGH.
AND PROCEDURAL BACKGROUND
order to understand the alleged dispute between the parties,
it is necessary to understand the legal framework under which
both hospital districts operate.
1950, the state legislature passed La. R.S. 46:1051, which
empowered the police juries of the parishes to create
hospital service districts tasked with the duties and
functions of owning and operating hospitals. Washington
Parish Police Jury v. Washington Parish Hosp. Serv.
Dist. No.1, 152 So.2d 362, 366 (La.App. 1 Cir. 1963),
writ denied, 153 So.2d 883. Specifically, under this
[t]he police juries of parishes are authorized and empowered,
upon their own initiative, to form and create one or more
hospital service districts within the respective parishes, or
with agreement among police juries concerned, to combine two
or more parishes into a single hospital service district with
such names as the police juries may designate, and, in so
doing, police juries may create hospital service districts
whose boundaries overlap those of other hospital service
La. R.S. 46:1051(A).
to the authority granted by La. R.S. 46:1051, St. Charles
Parish enacted Code of Ordinances, Chapter 11, Article I,
Section 11-11, creating the SCPH District,
a hospital service district to be known as "Hospital
Service District No. 1 of the Parish of St. Charles, State of
Louisiana, " and containing within its boundaries and
corporate limits all of the territory within the boundaries
and corporate limits of the parish as constituted on the
adoption date of this Code.
Jefferson Parish enacted Code of Ordinances, Chapter 17,
Article II, Section 17-17, creating EJGH,
a hospital service district within the parish comprising and
embracing all that territory within the following described
All that portion of the Parish of Jefferson lying on the east
side or the left descending bank of the Mississippi River,
which portion comprises all of the wards numbered 7, 8, 9 and
10 of the Parish of Jefferson and is bounded on the east by
the Parish of Orleans, on the west by the Parish of St.
Charles, on the north by ...