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Further, Metro relies on provisions of the Management Agreement to support its argument that the assignment to BLI was invalid. Specifically, Metro cites to Section However, that section of the agreement also provides that the manager has the ability to assign its management rights to any affiliate of Bally Manufacturing without the consent of the members of the Belle LLC.
Further, there is nothing in the agreement to provide that BLI, as a member of the Belle LLC, is excluded from this provision of the agreement.
For these reasons, we find no error of the trial court in granting the exception of lack of subject matter jurisdiction.
The purpose of an exception of no right of action is to test whether a plaintiff has a real and actual interest in the action.
However, as previously stated, Metro is not a party to the Management Agreement and thus has no contractual rights. 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: Subject Matter Jurisdiction 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.
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