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Cajuns for Clean Water, LLC v. Cecelia Water Corp.

Citations: 206 So. 3d 1118; 15 La.App. 3 Cir. 804; 2016 La. App. LEXIS 2511; 2016 La. App. Unpub. LEXIS 393Docket: 15-804

Court: Louisiana Court of Appeal; October 19, 2016; Louisiana; State Appellate Court

Narrative Opinion Summary

In this case, Plaintiffs, long-time customers of the non-profit Cecilia Water Corporation, filed a petition for damages alleging breaches of contract and legal obligations. They claim that Cecilia Water failed to provide safe drinking water, resulting in multiple instances of bacterial and arsenic contamination, as well as prolonged low water pressure, thereby causing extensive damages. The Plaintiffs allege that these failures were due to mismanagement and misuse of resources intended for improving water quality. Despite the Defendant's argument that such claims should be under the jurisdiction of the Louisiana Public Service Commission (LPSC), the court found that the district court has original jurisdiction since the case involves tort and contract disputes, not a rate issue. Notably, recent legislative changes have exempted Cecilia Water from LPSC regulation, reaffirming district court jurisdiction over this matter. The Plaintiffs are seeking monetary damages for breach of contract, redhibition, products liability, negligence, and tortious conduct, without contesting the existing water rates. The trial court's decision to deny Defendant's motions and assert its jurisdiction has been upheld, and the case is remanded for further proceedings.

Legal Issues Addressed

Breach of Contract and Duty to Provide Safe Drinking Water

Application: The Plaintiffs allege that the Defendant breached its contractual and legal obligations by providing contaminated water, resulting in damages.

Reasoning: Plaintiffs claim damages including...mental anguish and emotional distress from being unable to perform basic hygiene and household tasks for extended periods.

Claims for Monetary Damages in Contract and Tort

Application: Plaintiffs seek monetary damages for breach of contract, redhibition, products liability, and tort negligence, without challenging water rates set by LPSC.

Reasoning: Plaintiffs are seeking monetary damages for several claims, including breach of contract, redhibition, products liability, detrimental reliance, and tort negligence, specifically 'chemical battery and/or bodily trespass.'

Determination of Subject Matter Jurisdiction Based on Relief Sought

Application: The court emphasized that the determination of jurisdiction is based on the substantive relief requested, not merely how claims are framed.

Reasoning: The determination of jurisdiction lies with the nature of the claims and the relief sought, as established by precedent.

Exemption of Non-Profit Water Suppliers from LPSC Regulations

Application: Cecilia Water Corporation, as a non-profit water supplier, is exempt from LPSC regulations, following legislative changes that returned oversight to the USDA.

Reasoning: Cecilia Water Corporation, Inc. is exempt from the Louisiana Public Service Commission (LPSC) regulations under newly enacted La.R.S. 45:1601-03, qualifying as a non-profit water cooperative.

Jurisdiction of District Court versus LPSC

Application: The court determined that the district court has original jurisdiction over the Plaintiffs' claims, which are framed in contract and tort law, rather than a rate dispute requiring LPSC review.

Reasoning: The trial court correctly identified this case as not a rate case, but rather one that falls under the original jurisdiction of the district court.