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.