Unsuccessful police chief candidates brought action against newly elected police chief contesting his election. The District Court entered judgment sustaining exceptions of prescription, peremption, and no cause of action and denied unsuccessful candidates’ motions for new trial and to amend judgment. Unsuccessful candidates appealed.
The Court of Appeal held that:
- The seven day period for challenging a candidate’s qualifications, rather than the nine day period for contesting an election applied to action challenging police chief’s qualifications for the office of police chief, and
- Claim filed after the seven day period permitted by statute was subject to the exception of no cause of action.