Case law

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Louisiana Attorney General Reports · Nov 29, 1999

The Court concluded that the statutory language clearly refers to food products. … This language clearly refers to Paragraph (H)(1)-(3).

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Louisiana Attorney General Reports · May 31, 1991

Jurisprudence has long held that a person may have only one "domicile", which is a principal domestic establishment, but have more than one "residence". (Turner v. Alexis, App. 4 Cir. 1983, 436 So.2d 1346 .) … In conclusion, the law clearly states that a person must be an "actual bona fide resident" of the parish in which he offers to register as a voter to be eligible to register to vote in elections held in this state.

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Louisiana Attorney General Reports · Jun 23, 2006

The statute authorizes the public entity to employ a qualified licensed auctioneer to handle the sale. … The Board is clearly not in the business of buying and selling alcohol for commercial purposes.

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Louisiana Attorney General Reports · Jun 13, 1994

The Louisiana Public Bid Law, LSA-R.S. 38:2212 -2296 establishes certain requirements pertaining to advertisements and letting of contracts to the lowest responsible bidder. … Therefore it would be inappropriate for the Monroe Housing Authority to eliminate otherwise qualified bidders merely on the basis that they maintain an inventory of General Electric parts.

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Louisiana Attorney General Reports · Sep 8, 2009

According to your request, the Hospital has been charged with the responsibility to establish a first-class assisted living facility ("Facility") to benefit the citizens of St. Charles Parish. … As such, we believe that the proposed transaction does not appear to be merely gratuitous, if the developer's obligations are reflected reasonably clearly in the agreement and related documents.

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Louisiana Attorney General Reports · Feb 23, 1996

Please be advised that we reaffirm the conclusion reached by this office in Opinion 96-3, even in light of the clearly conflicting language of R.S. 47:1703 (D). … Cir. 1986), squarely holding that property owned in indivision with other than a spouse and children of that spouse in a community regime, cannot qualify for the homestead exemption."

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Louisiana Attorney General Reports · May 30, 2003

If requested in writing by at least one-half percent of the qualified voters of any region in the Parish, the governing authority shall hold a regional public hearing on the proposed ordinance in that region. … The combined impact statements were published in the Louisiana Register adjacent to the notice of intent, and clearly identified with it.

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Louisiana Attorney General Reports · Jun 22, 1999

We do note in R.S. 40:1567 in regard to fees for fire reports, it provides the term volunteer fire department means a legally constituted fire department or fire protection district of fewer than four persons who are qualified … However, when no ambiguity exists in the statute or the construction of the administrative body is clearly erroneous, this doctrine is inapplicable. Swetman, and citations therein.

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Louisiana Attorney General Reports · May 16, 2007

Can the Lafourche Basin Levee District continue to make payments of cash and in kind services on qualified projects located in St. … We believe such expenditures would clearly be undertaken for a public purpose and undoubtedly provide a public benefit.

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Louisiana Attorney General Reports · Nov 15, 2006

Youngsville's Mayor's Police Committee clearly falls within this definition. Because the Police Committee is a "public body," all meetings are public meetings subject to the open meetings and voting requirements of La. … The Police Committee qualifies as a public body under the definition set forth in the Public Records Law as well because it is a municipal government committee designated to perform a governmental (advisory) function.

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Louisiana Attorney General Reports · Feb 1, 2011

The provisions of this Subsection shall apply only to a cemetery established after June 21, 2008. § 305. … makes a distinction between scattering within and outside of dedicated cemeteries, the latter not qualifying as "interment" under Louisiana law.

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Louisiana Attorney General Reports · Mar 25, 2004

Harris: This office is in receipt of your request for an Attorney General's opinion, on behalf of the City of Denham Springs, regarding a proposal to establish individual Flexible Medical Spending Account plans, qualified … As you are clearly aware, La. Const. Art.

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Louisiana Attorney General Reports · Jun 14, 1999

Joseph Seminary College would apply for membership in LAICU, and in the event that said membership would be accepted, would qualified students be able to receive the Tuition for Opportunity Program (TOPS) scholarships or … The Establishment Clause clearly does not prevent any form of public aid or service to any church affiliated institution. Roemer v. Board of Public Works , 387F. Supp. 1282 citing Hunt v. McNair , 413 U.S. 734 .

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Louisiana Attorney General Reports · Oct 1, 1998

Definitions As used in this Subpart, the following words and phrases shall have the following meanings ascribed for each unless the context clearly indicates otherwise: (1) `Hospital Health Services' means but is not limited … Therefore, should the Town elect to sell the Hospital pursuant to Section 4341, a referendum resulting in a in favorable vote of a majority of the qualified electors is a prerequisite.

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Louisiana Attorney General Reports · Jul 26, 1994

It is the opinion of this office that Section 1927(C) clearly provides that the recapture of premium tax credits taken by investors (i.e., Insurco) are due and payable by the CAPCO and other investors (i.e., Insurco) according … We have recognized that "rights once legally established cannot be divested by the repeal of the law authorizing their creation . . .

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Louisiana Attorney General Reports · Jun 13, 1994

It clearly states when the applicant has more than one pawnshop and been in business at least one year he "shall be eligible for a license". … They are presumed to be qualified.

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Louisiana Attorney General Reports · Oct 21, 1998

Senate Bill 321, if ratified by the citizens of Louisiana during a vote on October 3, 1998, would permit convicted felons, who have not been pardoned and not presently incarcerated, to seek public office, "if the date of his qualifying … In examining this time period calculation language our courts have forged an interpretation of this language that establishes a clearly identifiable date on which to start the ten year period.

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Louisiana Attorney General Reports · Nov 23, 1992

VII, Section 14 (C), must also meet the general standard for the non-gratuitous alienation of public funds or property established by Art. VII, Section 14 (A). See City of Port Allen v. La. … Clearly envisioned within the scope of BREC's statutory duties is the authority to contract for the construction of entrance or access roads and grade crossings necessary to afford the general public access to these public

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Louisiana Attorney General Reports · Feb 11, 2010

*Page 7 It is the opinion of this office that La.R.S. 26:588 mandates that in the calling of a wet/dry local option election, all five of the enumerated provisions of La.R.S. 26:588 must be clearly printed on the ballot for … Is there a uniform definition of restaurants used in situations such as our own that would allow for consumption at dine-in establishments only, while at the same time prohibiting barroom establishments?

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Louisiana Attorney General Reports · Jun 14, 1996

And, at page 246, the Court concluded: Likewise, the drafting history of the local government article as reflected by the transcripts of the constitutional convention debates clearly reflects that the delegates intended to … confer a greater degree of immunity upon preexisting home rule cities and parishes than upon local governmental subdivisions that acquired home rule powers subsequent to the adoption of the 1974 constitution.