PUBLIC SERVICE COM'N v. STATE LEGISLATURE

No. 2012 CA 0353.

117 So.3d 532 (2013)

LOUISIANA PUBLIC SERVICE COMMISSION, and in their Capacities as Commissioners, Lambert C. Boissiere, III, James M. Field, Foster L. Campbell, Eric Skrmetta, and Clyde C. Holloway v. LOUISIANA STATE LEGISLATURE.

Court of Appeal of Louisiana, First Circuit.

April 26, 2013.


Attorney(s) appearing for the Case

Dennis C. Weber , Amanda H. Smith , Stephen G. Kabel , Baton Rouge, LA, for Appellants Plaintiffs — Louisiana Public Service Commission, Department of Public Service, and in their official capacities as Commissioners, Lambert C. Boissiere, III, James M. Field, Foster L. Campbell, Eric F. Skrmetta and Clyde C. Holloway.

Patricia H. Wilton , Asst. A.G., Michael J. Vallan , Asst. A.G., Alfred W. Speer , Mary F. Quaid , Baton Rouge, LA, for Appellee Defendant — Louisiana State Legislature.

Before WHIPPLE, C.J., PARRO, KUHN, GUIDRY, PETTIGREW, McDONALD, McCLENDON, WELCH, HIGGINBOTHAM, THERIOT, and KLINE, JJ.


WELCH, J.

Plaintiffs, the Louisiana Public Service Commission (LPSC) and its commissioners in their official capacities, Lambert C. Boissiere, III, James M. Field, Foster L. Campbell, Eric F. Skrmetta, and Clyde C. Holloway, appeal a judgment sustaining a peremptory exception raising the objection of no cause of action in favor of defendant, the Louisiana State Legislature ("Legislature"), and dismissing their petition challenging the constitutionality of two legislative...

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