Opinion
NO. 2017 CW 0078
04-18-2017
COMMAND CONSTRUCTION INDUSTRIES, LLC v. LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, SHERRI LEBAS, IN HER OFFICIAL CAPACITY AS SECRETARY OF LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, METROPOLITAN COUNCIL FOR THE PARISH OF EAST BATON ROUGE, AND CITY OF BATON ROUGE/PARISH OF EAST BATON ROUGE
In Re: Louisiana Department of Transportation and Development, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 621815. BEFORE: PETTIGREW, McDONALD, AND PENZATO, JJ.
WRIT GRANTED. Plaintiff/respondent Command Construction Industries, L.L.C. seeks general damages relating to defendant/relator Louisiana Department of Transportation and Development's rejection of its bid for a public works project, an alleged violation of the Louisiana Public Works Act, La. R.S. 38:2211, et seq. However, Command Construction Industries, L.L.C. has failed to state a cause of action, as it did not first file for injunctive relief when it had time to do so against DOTD, nor is it seeking to nullify the contract awarding the project to the successful bidder. As such, the district court erred in denying DOTD's peremptory exception of no cause of action. See La. R.S. 38:2220(B); Webb Const. Inc. v. City of Shreveport, 33, 645 (La. App. 2d Cir. 8/23/00), 766 So.2d 607, 611-12, writ denied, 2000-2674 (La. 11/17/00), 774 So.2d 982.
JMM
AHP
JTP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT