RICE GROUP LLC v. THE NEW ORLEANS CITY COUNCIL (2026)

Remanded. See per curiam.

AHP

JLW

JDH

JBM

PDG

JMG

CRC

Supreme Court of Louisiana March 18, 2026

SUPREME COURT OF LOUISIANA

No. 2025-CA-01563

RICE GROUP, LLC

VS.

THE NEW ORLEANS CITY COUNCIL

On Appeal from the Court of Appeal, Fourth Circuit, Parish of Orleans

PER CURIAM

At issue is whether this court has appellate jurisdiction over an appeal involving the validity of a municipal ordinance. For the reasons that follow, we find this court lacks appellate jurisdiction over the appeal.

FACTUAL SUMMARY

This matter arises from a suit by plaintiff against the New Orleans City Council (“Council”) involving the validity of Ordinance No. 29676. Plaintiffs allege the ordinance violates the home rule charter of the City of New Orleans.

Plaintiff filed a motion for summary judgment. The district court granted the motion by judgment dated February 4, 2025. The court's written judgment states, in pertinent part:

IT IS FURTHER HEREBY ORDERED, ADJUDGED AND DECREED that Judgment be entered in favor of Plaintiff, Rice Group, LLC, and against Defendants, the New Orleans City Council, collectively and on behalf of the individual council members sued in their official capacities, declaring ORDINANCE NUMBER 29676 violates the Home Rule Charter and is NULL, VOID, AND ILLEGAL.

The Council filed a suspensive appeal in the court of appeal. After the appeal was lodged, the court of appeal issued a rule to show cause why the appeal should not be dismissed for lack of subject matter jurisdiction. Both parties responded to the rule by asserting the appeal did not involve constitutionality and jurisdiction over the appeal rested with the court of appeal.

On December 12, 2025, the court of appeal issued an order transferring the matter to this court. The order provided, in part:

La. Const. Art. 5, § 5(D)(1) provides that “[i]n addition to other appeals provided by this constitution, a case shall be appealable to the supreme court if a law or ordinance has been declared unconstitutional.” Because the underlying issue concerns the City Council's legislative authority and implicates separation of powers principles, including the Mayor's authority to establish a process for selecting professional service vendors and the City Council's exercise of its legislative powers, appellate jurisdiction lies with the Louisiana Supreme Court. Therefore, we find that this Court lacks subject matter jurisdiction over the present appeal. Accordingly we transfer the appeal to the Louisiana Supreme Court.

DISCUSSION

Article V, § 5(D) of the Louisiana Constitution vests appellate jurisdiction in this court in cases in which “a law or ordinance has been declared unconstitutional․” In the absence of a declaration of unconstitutionality, there is no basis for the exercise of this court's appellate jurisdiction. Lillie v. Stanford Trust Co., 2022-0328 (La. 4/12/22), 335 So. 3d 828, 829.

A review of the district court's February 4, 2025 judgment indicates the court held that “ORDINANCE NUMBER 29676 violates the Home Rule Charter and is NULL, VOID, AND ILLEGAL.” Nothing in the judgment declares a law or ordinance unconstitutional; rather, it simply holds the ordinance violates the City's home rule charter. The court of appeal has jurisdiction to consider an appeal involving the validity of a municipal ordinance. See, e.g., McMahon v. City of New Orleans, 2018-0842 (La. App. 4 Cir. 9/4/19), 280 So. 3d 796, 800, writ denied, 2019-01562 (La. 11/25/19), 283 So. 3d 498 (affirming a judgment of the district court holding the New Orleans Automated Traffic Enforcement System ordinance was invalid and without effect).

Accordingly, we find the court of appeal has appellate jurisdiction to consider this appeal. The court of appeal erred in transferring the appeal to this court.

DECREE

For the reasons assigned, the December 12, 2025 order of transfer is vacated. The appeal is remanded to the court of appeal for consideration on the merits.