MERRICK CONST. CO. v. STATE, DEPT. OF ENVTL. QUALITY

No. 97 CA 0110, 96 CW 2322.

700 So.2d 236 (1997)

MERRICK CONSTRUCTION COMPANY, INC. v. STATE of Louisiana, Through the DEPARTMENT OF ENVIRONMENTAL QUALITY; Ouachita Parish Police Jury; and Gibson Recycling, Inc.

Court of Appeal of Louisiana, First Circuit.

September 19, 1997.


Attorney(s) appearing for the Case

Henry B. Bruser, III, Alexandria, for Plaintiff/Appellant Merrick Construction Company, Inc.

Louis E. Buatt, Baton Rouge, for Defendant/Appellee Department of Environmental Quality.

Frank S. Craig, III, Baton Rouge, for Defendant/Appellee Gibson Recycling, Inc.

C. Lynn Tubb, Monroe, for Defendant/Appellee Ouachita Parish Police Jury.

Before GONZALES and PARRO, JJ., and TYSON, J. Pro. Tem.


GONZALES, Judge.

In this case, Merrick Construction Company, Inc. (Merrick) challenges a trial court judgment (1) dismissing its claims against the Louisiana Department of Environmental Quality (DEQ) pursuant to DEQ's peremptory exception of no cause of action, and (2) transferring this case to the Fourth Judicial District Court pursuant to declinatory exceptions of improper venue filed by the Ouachita Parish Police Jury (Police Jury) and Gibson Recycling, Inc. (Gibson...

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