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STATE v. STATE POLICE RIVERBOAT GAM. DIV.

No. 97 CW 0167.

696 So.2d 645 (1997)

The STATE of Louisiana, Through the LOUISIANA RIVERBOAT GAMING COMMISSION v. The LOUISIANA STATE POLICE RIVERBOAT GAMING ENFORCEMENT DIVISION.

Court of Appeal of Louisiana, First Circuit.

June 20, 1997.

Attorney(s) appearing for the Case

Thomas A. Warner, III, Baton Rouge, for Relator The State of Louisiana, Through the Louisiana Riverboat Gaming Commission.

Charles S. Lambert, Jr., Baton Rouge, for Respondent Capitol House Preservation Co., L.L.C.

Willie E. Broome, Baton Rouge, for Despondent The Louisiana State Police Riverboat Gaming Enforcement Division.

Before LOTTINGER, C.J., and FOIL and FOGG, JJ.

FOGG, Judge.

The salient issue raised by this application for supervisory writs is whether a party to an action for declaratory judgment can seek relief pursuant to LSA-C.C.P. art. 1878 after the declaratory judgment rendered in the initial case is final.

On April 11, 1994, the Louisiana Riverboat Gaming Commission (hereinafter "Commission"), legal predecessor to the relator, the Louisiana Gaming Control Board, filed a petition for declaratory judgment in...

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