City of Port Allen v. Louisiana Municipal Risk Management Agency

EDWARDS, Judge.

The City of Port Allen, Louisiana, filed suit against the Louisiana Municipal Risk Management Agency, the State of Louisiana, and William J. Guste, as Attorney General of the State of Louisiana, seeking a declaratory judgment on R.S. 33:1349(C), as tb its liability for acts of other fund members. The lower court granted plaintiff’s motion for summary judgment, and declared the cited act unconstitutional.

From that judgment, the State of Louisiana appealed to this Court. However, plaintiff-appellee has filed a motion to dismiss the appeal on the ground that under Article 5,…