Preview:

02/26/02 "See News Release 14 for any concurrences and/or dissents."

SUPREME COURT OF LOUISIANA NO. 2001-C-1329

JEAN BOUDREAUX, ET AL.

Versus THE STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT ON WRIT OF CERTIORARI TO THE COURT OF APPEAL FIRST CIRCUIT, PARISH OF TANGIPAHOA PER CURIAM*

This per curiam addresses whether relator, the State of Louisiana Department of Transportation and Development (DOTD), abandoned its claims of alleged errors originally advanced in its writ application to this Court, when it urges different errors in its brief, after we granted a writ of certiorari. Finding all but one of the errors alleged in the writ application not briefed, we find those errors abandoned because they were not argued in brief for oral argument. We further find that in order to reach the merits urged in relator's brief after certiorari was granted, we would have to address questions that were neither presented in the application for certiorari nor fairly included in the questions that were presented. Accordingly, we dismiss our writ of certiorari. In its writ application to this Court on May 4, 2001, DOTD urged three writ grant considerations: (1) the claims of the class members were prescribed pursuant to LA. REV. STAT. ANN.

Download 2001-C-1329 JEAN BOUDREAUX, ET AL. v. THE STATE OF LOUISIANA, DEPARTMENT OF TRAN

Louisiana Law