Devolutive Appeal to District Court – La. C.C.P. art. 2087
Decisions of New Orleans Central Adjudication Bureau and parish City Courts are subject to judicial review. Under La. R.S. §49:964 (Administrative Procedure Act) and La. C.C.P. art. 2087 (devolutive appeal), an aggrieved party may appeal to the parish District Court within 30 days. The reviewing court applies de novo review on questions of law and a 'manifestly erroneous' standard on facts. The mere filing of an appeal often results in the City offering settlement to avoid the litigation cost.
Legal basis
La. R.S. §49:964; La. C.C.P. art. 2087, 2123; La. Const. Art. V §10 (appellate jurisdiction)
Sample appeal wording
[PARISH] District Court [ADDRESS] IN RE: Petition for Judicial Review of Adjudication of Citation [CITATION_NUMBER] PETITION FOR JUDICIAL REVIEW Petitioner [NAME] respectfully petitions this Honourable Court for judicial review of the [DATE] decision of the New Orleans Central Adjudication Bureau in citation [CITATION_NUMBER]. 1. Jurisdiction lies under La. R.S. §49:964 and La. C.C.P. art. 2087. 2. Petitioner timely filed within 30 days of the final decision dated [DATE]. 3. Grounds for reversal: (a) The decision is contrary to law (specify); (b) The decision is not supported by competent evidence; (c) The decision is arbitrary, capricious, or an abuse of discretion; (d) The decision violates La. Const. Art. I §[2/20/22] [as applicable]. WHEREFORE Petitioner prays for: • Reversal of the administrative decision; • Dismissal of citation [CITATION_NUMBER]; • Refund of any sums paid; • Costs and any further relief equitable. [NAME], pro se | [ADDRESS] | [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- La. R.S. §49:964
- La. C.C.P. art. 2087, 2123
- La. Const. Art. V §10