McPHERSON v. FOSTER

No. 2003 CA 2696.

889 So.2d 282 (2004)

Senator Joe MCPHERSON v. Murphy J. "Mike" FOSTER, Governor of the State of Louisiana, Mark Drennan, Commissioner of Administration, BP American Production Company and White Lake Preservation, Inc.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied December 10, 2004.


Attorney(s) appearing for the Case

Stephen M. Irving, Baton Rouge, Counsel for Plaintiff/1st Appellant, Senator Joe McPherson.

L. Brent Barry, Joseph J. McKernan, Baton Rouge, Counsel for Intervenor/2nd Appellant. Louisiana Wildlife Federation, Inc.

William F. Grace, Jr., New Orleans, Counsel for Defendants/Appellees, Governor Murphy J. Foster and Mark Drennan, Commissioner of Administration.

John F. Olinde, Robert S. Rooth, New Orleans, Counsel for Defendant/Appellee, White Lake Preservation, Inc.

G. William Jarman, Baton Rouge, Counsel for Defendant/Appellee, BP American Production Company.

Before: WHIPPLE, FITZSIMMONS and DOWNING, JJ.


WHIPPLE, J.

In this appeal, plaintiff and intervenor challenge the trial court's judgment, maintaining defendants' exceptions of no right of action and dismissing their claims for declaratory judgment with prejudice. For the following reasons, we affirm in part, reverse in part and remand. Additionally, we deny the motion to dismiss for lack of subject matter jurisdiction filed in this court.

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