Bulk Material Transfer, Inc. v. Board of Commissioners for St. Bernard Port Harbor & Terminal District

hWALTZER, Judge.

We grant relator’s writ application in order to review the trial court’s denial of relator’s dilatory exception of improper use of summary proceedings. Relator contends it is not necessary that this exception contain a prayer for relief.1 This question appears to be res nova.

Relator, defendant-in-reconvention, answered respondent’s reeonventional demand, stating:

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Bulk Material Transfer, Inc. further avers that the Port has continued to accept Bulk Material’s monthly rental payments, which such payments the Port has continued to accept even after the issuance of the purported…