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Learn more - opens in a new window or tab. There are 1 items available. Metro and the Belle LLC are separate legal entities.
Metro thus has no real and actual interest in the action, nor any legal capacity to proceed with a suit for breach of contract against BLI.
The proper party to claim breach of the management agreement in this case would be the Belle LLC. Although Metro is a member of the Belle LLC, the only recourse of Metro would be to bring a derivative action, which was not filed in this case.
For these reasons, we find no error of the trial court in granting the exception of no right of action. Accordingly, for the reasons assigned herein, the judgment of the trial court is affirmed.
Metro Riverboats Associates, Inc. Your Notes edit none. Cited By 3 This case has been cited by these opinions: Baker Metro Riverboat Associates v.
Authorities 2 This opinion cites: Riverboat Gaming, So. Please support our work with a donation. Court of Appeal of Louisiana, Fourth Circuit.
Rehearing Denied March 15, Facts and Procedural History The entire factual background of this case has been thoroughly discussed by this court in Metro Riverboat Associates, Inc.
The pertinent facts relative to the case before us are as follows: Is this the same Harrahs that is there now? It has a different address tho.
I know my hub and he will drive around trying to find this Ballys. LOL So I need to get facts. It was in New Orleans East and that area is still recovering.
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In the present case, Metro contends that BLI violated the Management Agreement pertaining to the casino by attempting to take control of the management responsibilities.
Metro sought an injunction preventing BLI from acting as manager of the casino. A temporary restraining order was initially issued in this matter, and BLI subsequently filed exceptions of no right of action and lack of subject matter jurisdiction.
Metro now appeals from the granting of the exceptions. For the reasons stated more fully herein, we affirm the judgment of the trial court.
The entire factual background of this case has been thoroughly discussed by this court in Metro Riverboat Associates, Inc. In , Metro requested that the Louisiana Gaming Control Board investigate the assignments relating to the Management Agreement, and the Gaming Board began an administrative review of the allegations made by Metro.
Prior to the evidentiary hearing, BLI filed several exceptions, including exceptions of no right of action and lack of subject matter jurisdiction.
The evidentiary hearing was held and the exceptions were heard by the trial court on December 3, Metro now appeals, arguing two assignments of error.
Secondly, Metro argues that the trial court erred in granting the exception of no right of action. The trial court held that it lacked subject matter jurisdiction to determine whether the assignments relating to the Management Agreement violated any gaming regulations as alleged by Metro.
We agree with this determination. This Court has previously indicated in this case that the Civil District Court lacked jurisdiction over the regulation of gaming activities.
In Metro Riverboat Associates, Inc. Therefore, the issue of whether the Management Agreement violated gaming rules or regulations rests exclusively within the jurisdiction of the Gaming Control Board.
In fact, the record indicates that Metro filed an administrative complaint with the Gaming Board and that an administrative review was conducted in conjunction therewith.
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