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Bogus Lusa Waterworks Dist. v. Louisiana Dep't of Environmental Quality12/17/2004
tuitous creation of a community of interest, or the fact that a number of individuals had simply acted together. Id. In contrast to the factual scenario at hand, the hunters in Ermert never purported to have formed an association. The court in Ermert noted that " hile the parties need not specifically intend or have knowledge of all the legal ramifications of juridical personality, they must at least conceive of their creation as a being or thing separate from themselves." Id. The mere fact that for years the hunters in Ermert had shared expenses to participate at a hunting camp and had written obsolete safety rules at one point in time did not impose upon the group the status of an unincorporated association. In this factual context, the lack of indicia of a written or oral agreement to form an entity separate from the Ermert hunters' individual statuses supported the hunters' assertions of their lack of intent to form an unincorporated association.
Distinguishably, WARN presents itself as an association in the lawsuit before this court. It is not disputed that Dr. and Mrs. Palazzo participate in WARN. Even if the organization's active membership dwindled in the intervening years since its formation in 1996, an association can consist of two people. See Ermert, 559 So.2d at 473. In contrast to Ermert, the Palazzos and any other individual members involved in the group "conceive of their creation as a being or thing separate from themselves." Ermert, 559 So.2d at 474. WARN never completed the filing of its articles of incorporation; however, the formation of the articles indicates an intent to form WARN's mission statement. Moreover, Dr. Palazzo's deposition testimony revealed that WARN was active as an organization after a Gaylord chemical spill of 1995. The fact that Dr. and Mrs. Palazzo constituted the only working members of WARN does not, in and of itself, vitiate WARN's status as an association. Nor does the fact that no meetings with other members were held after 1996 or 1997 negate WARN's separate status.
Accordingly, we find that the trial court erred in maintaining WPEC's exception based on the objection of no right of action against WARN.
SUPPLEMENTAL AND AMENDING PETITION
On July 8, 2002, WARN filed a supplemental and amending petition adding Lynne G. Palazzo and Dr. Anthony Palazzo as petitioners. WPEC filed an opposition to the addition of the Palazzos as individual parties in the lawsuit, asserting that the peremptory deadline for filing for judicial review passed as of July 2000. It was also averred that the Palazzos could not be substitutes for a non-existent entity. The trial court judgment pronounced that "the opposition asserted by [WPEC] to the first supplemental and amending petition filed by [WARN], Lynne G. Palazzo, and Dr. Anthony Palazzo is granted and leave to file said supplemental and amending petition is denied." The trial court stated in oral reasons for judgment that the amended petition could not relate back to the original petition because WARN was not a juridical entity within the meaning of the law. Having contrarily recognized WARN's status as a juridical entity on appeal, we next address the viability of the addition of the Palazzos pursuant to WARN's supplemental and amending petition. Specifically, we review the question of prescription or peremption of the actions filed.
Louisiana Code of Civil Procedure article 1153 states: "When the action or defense asserted in the amended petition or answer arises out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of filing the original petition." In Giroir v. South Louisiana Medi
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