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BOGUE LUSA v. ENVIRONMENTAL QUALITY

No. 2004 CA 0061.

897 So.2d 726 (2004)

BOGUE LUSA WATERWORKS DISTRICT and WASHINGTON AREA RESOURCES NETWORK v. THE LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY and J. Dale Givens, Secretary.

Court of Appeal of Louisiana, First Circuit.

December 17, 2004.

Attorney(s) appearing for the Case

Richard M. Exnicios, George H. Penn, New Orleans, Counsel for Plaintiff/Appellant Washington Area Resources Network.

H. Alston Johnson, III, Steven J. Levine, Patrick O'Hara, John B. Shortess, Baton Rouge, Counsel for Defendant/Appellee Washington Parish Energy Center, LLC.

Adam Babich, New Orleans, Counsel for Plaintiff Bogue Lusa Water Works District.

Donald Trahan, Baton Rouge, Counsel for Defendant Louisiana Department of Environmental Quality.

Nicole Duarte Martin, New Orleans, Counsel for Cogentrix Energy, Inc.

Before: WHIPPLE, FITZSIMMONS, and DOWNING, JJ.

FITZSIMMONS, J.

Washington Area Resource Network (WARN) appeals a trial court judgment maintaining a peremptory exception raising the objection of no right of action asserted by Washington Parish Energy Center (WPEC) and the grant of WPEC's opposition to supplemental and amending petitions filed by WARN. Following our review of the record and applicable law, the trial court judgment is affirmed, in part, reversed in part, and the case is remanded.

Bogue Lusa...

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