Opinion

Board of Commissioners v. St. Bernard Parish Government ex rel. Ponstein

  • 682 So. 2d 811
  • 1996 WL 596915
Court
Louisiana Court of Appeal
Filed
Oct 17, 1996
Status
Published
Author
Xlobbano
On the bench
Byrnes, Iplotkin, Lobrano, Plotkin, Xlobbano
Cited by
2 cases

The opinion

| xLOBBANO, Judge,

concurring.

To the extent that the proposition advised the electorate that all obligations of the Water & Sewer Commission would be assumed by the St. Bernard Parish government, I agree that this notice is sufficient. However, I disagree with the majority’s statement “[i]t is clear that the voters’ ultimate liability on the bond is not altered by the election.”

The issue before us is not who will ultimately be responsible on the bonds should there be a default, but whether the notice requirements of La. R.S. 18:1284(D) are satisfied. Louisiana Constitution Article 6, section 16(B) provides that a merger and consolidation of a special district cannot occur “unless provision is made for the assumption of the indebtedness by the governing authority of the local governmental subdivision involved.” That language suggests that the local governing authority may |2become a guarantor of the bonded obligations of the district that is merged. To the extent the majority opinion may suggest otherwise, I disagree.

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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