
    WOOD MATERIALS, LLC and Wood Resources, LLC v. CITY OF HARAHAN
    NO. 2019-C-0018
    Supreme Court of Louisiana.
    March 25, 2019
    ON WRIT OF CERTIORARI, TO THE COURT OF APPEAL, FIFTH CIRCUIT, PARISH OF JEFFERSON
   PER CURIAM

Granted. The City of Harahan is not an instrumentality of the Parish of Jefferson for purposes of the three-year prescriptive period in La. R.S. 9:5625(C). See generally Slowinski v. England Economic and Industrial Develop. Dist. , 02-0189 (La. 10/15/02), 828 So.2d 520 ; Polk v. Edwards , 626 So.2d 1128 (La. 1993). Rather, the City of Harahan is properly classified as a municipality, which is governed by the five-year prescriptive period set forth in La. R.S. 9:5625(A)(3). Applying this statute, the reconventional demand filed by the City of Harahan is timely.

Accordingly, the judgment of the court of appeal, which affirmed the district court's judgment granting the exception of prescription, is reversed. The exception of prescription is denied, and the case is remanded to the district court for further proceedings.

GUIDRY, J., recused

HUGHES, J., would deny the writ.

GENOVESE, J., would deny. 
      
      Guidry, J. recused.
     