Opinion

Hunerjager v. Dixie Electric Membership Corp.

  • 434 So. 2d 590
  • 1983 La. App. LEXIS 9033
  • 1983 WL 821977
Court
Louisiana Court of Appeal
Filed
Jun 28, 1983
Status
Published
Author
Shortess
On the bench
Edwards, Shortess, Watkins
Cited by
5 cases

concluding that member-plaintiffs had no statutory right to examine electric cooperative’s records because although there were specific provisions for records examinations in the Business Corporation Law and Non-Profit Corporation Law, there were no sections in the Electric Cooperative Law regarding the examination of records by the membership and the Electric Cooperative Law did not provide that the business or nonprofit corporate law was supplementary to its provisions

How later courts described this case

  • concluding that member-plaintiffs had no statutory right to examine electric cooperative’s records because although there were specific provisions for records examinations in the Business Corporation Law and Non-Profit Corporation Law, there were no sections in the Electric Cooperative Law regarding the examination of records by the membership and the Electric Cooperative Law did not provide that the business or nonprofit corporate law was supplementary to its provisions

Written by the judges who cited it.

The opinion

SHORTESS, Judge,

dissenting.

Dixie Electric Membership Corporation, by law, has the right to set its own rates, which affect some 44,000 households and businesses within the area it serves. Therefore, it seems incongruous to me that the Public Service Commission is subject to the Open Meeting Law, but Dixie is not. I would interpret La.R.S. 42:4.2 A(2) more liberally than the majority has and would find that Dixie is subject to the provisions of the “Sunshine Law” because it fits the definition of a public body.

Accordingly, I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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