Case law

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Louisiana Attorney General Reports · Sep 15, 1997

Under the strict construction of the tax proposals mandated by Hemler v. … Richland Parish School Board , 142 La. 133 , 76 So. 585 (1917), and R.S. 39:704 , we are constrained to hold that the electorate gave the Parish the specific authority to utilize the tax revenues in question for the maintenance

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Louisiana Attorney General Reports · Jan 30, 2006

Hall v. Rosteet, 247 La. 45 , 169 So.2d 903 (1964). Terral Barge Line. v. Madison Parish Port Commission, 577 So. 2d 787 (2 nd Cir. 1991), and West Calcasieu Port, Harbor and Terminal District v. … Kliebert v. South Louisiana Port commission (La.App.), 182 So.2d 814 (1966); Wright v. Lake Charles Harbor and Terminal Dist., (La.App.), 188 So.2d 449 (1966); Hebert v.

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Louisiana Attorney General Reports · Nov 25, 1992

See Ruston Hospital v. Riser 191 So.2d 665 (La.App. 2nd Cir. 1966). In Mattingly v. … See also Faust v. Mitchell Energy Corporation 437 So.2d 339 (La.App. 2nd Cir. 1983), Rehearing Denied.

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Louisiana Attorney General Reports · Apr 24, 2009

In Church Point Wholesale Beverage Co. v. … Hainkel v. Henry , 313 So.2d 577 , 578 (La. 1975). In fact, the constitution implicitly prohibits the rendering of advisory opinions. Aucoin v. Dunn , 255 La. 823 , 233 So.2d 530 , 531 (1970); Belsome v.

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Louisiana Attorney General Reports · Apr 25, 2003

tax hereunder , or amendments hereto, may specify that the avails or proceeds of the tax after payment of collection costs shall be divided by the governing authority of the parish between the parish, the parish school board … See, Town of Brusly v. West Baton Rouge Parish Police Jury , 283 So.2d 288 (La.App. 1st Cir. 1973), and Town of Ball v. Rapides Parish Police Jury , 597 F.2d 43 (5th Cir. 1979).

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Louisiana Attorney General Reports · Mar 25, 2004

No. 92-198; State v. Davis , 539 So.2d 803 (La.App. 3rd Cir. 1989), Writ denied. … We find support for the position taken herein in Morial v.

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Louisiana Attorney General Reports · Dec 9, 2008

A political subdivision is defined in Article VI, § 44 as a parish, municipality, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions … We find support for this position in Slay v. Louisiana Energy and Power Authority , 473 So.2d 51 (La. 1985). Therein, the Court, citing Foreman v.

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Louisiana Attorney General Reports · Sep 2, 2003

See discussions in United States v. American Library Association , 2003 WL 21433656 , ___ S.Ct. ___ (June 23, 2003); Cornelius v. … Downey Unified School District Board of Education , 196 F.3d 958 (Aug. 4, 1999).

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Louisiana Attorney General Reports · Aug 18, 2005

Aguillard v. Treen, supra. … John the Baptist Parish Association of Educators v. Brown, 465 So.2d 674 (La. 1985). See also Attorney General Opinions Nos. 97-63, 96-352, 96-78, 89-414, 88-477, and 87-229. Having been adopted under La.

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Louisiana Attorney General Reports · Feb 6, 1996

Other states have addressed this issue in the following cases: Pitts v. Black , 608 F. Supp. 696 (D.N.Y. 1984), D.C. v. Superintendent of Elections , 261 N.J. Super. 366 (1982) and Collier v. … Webster Parish School Board , 596 So.2d 840 (2nd Cir. 1992), qualified voters in a school district bond election included all registered voters, rather than just property taxpayers.).

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Louisiana Attorney General Reports · Mar 16, 2001

Based on the above analyses of Article VII, Section 14, R.S. 17:3390 and Guste v. … Board of Directors of Louisiana Recovery Dist. v. All Taxpayers, Property Owners, etc., 529 So.2d 384 (La. 1988). This presumption is especially forceful in the case of statutes enacted to promote a public purpose.

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Louisiana Attorney General Reports · Jan 22, 2010

NAACP v. Hampton County Election Com. , 105 S.Ct. 1128 , 84 L.Ed.2d 124 (1985). … See, Bunton v. Patterson , decided with Allen v. State Board of Elections , 393 U.S. 544 , 89 S.Ct. 817 , 22 L.Ed.2d 1 (1969); Lockhart v. United States , 460 U.S. 125 , 103 S.Ct. 998 , 74 L.Ed.2d 863 (1983).

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Louisiana Attorney General Reports · Jun 7, 1995

Polk v. Edwards , 626 So.2d 1128 (La. 1993); State in the interest of J.A.V. , 558 So.2d 214 (La. 1980); Gulf Oil Corporation v. State Mineral Board , 317 So.2d 576 (La. 1975).

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Louisiana Attorney General Reports · Dec 20, 1999

1:30 a.m. on Sunday mornings, except that beer and wine may be sold by holder of class "B" permits after 12:00 noon on Sunday and that beer and wine may also be sold for consumption with meals in restaurants, hotels and boarding … Group v. Lake Charles, 677 So.2d 1145 (La.App 1996).

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Louisiana Attorney General Reports · Jun 3, 1992

DeLaureal Engineers, Inc. v. St. Charles Parish Police Jury, 406 So.2d 770 (La.App 1981); Penalber v. Blount, 405 So.2d 1378 (La.App 1981); Fontenot v. State Depart. of Highways, 358 So.2d 981 (La.App 1978). … In the DeLaureal case the court took note of C.C.P. art. 3862 which provides no court shall issue a mandamus to compel expenditure of state funds in any suit or action "when the director of such department, board or agency

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Louisiana Attorney General Reports · Jun 27, 2000

City of New Orleans v. Board of Commissioners of the Orleans Levee District , 93-0690 (La. 7/5/94), 640 So.2d 237 , 243 . LSA-Const. Art. 6, §§ 4, 5 and 7 (1974).

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Louisiana Attorney General Reports · Oct 25, 2001

You state that ALH is of the opinion the balance is not returnable until April 1, 2074, while Authority board members differ among themselves as to the correct return date. … Guilbeau v. C and D Reprographics-Lafayette, Inc., 568 So.2d 206 (La.App. 3rd Cir. 1990) writ denied.

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Louisiana Attorney General Reports · Mar 15, 2002

See also State v. Richardson, 140 La. 329 , 72 So. 984 (1916); Morgan v. Livingston, 6 Mart. (O.S.) 19 (La. 1819); State v. Cockrell, 162 So.2d 361 (La.App. 1st Cir. 1964)." La.C.C. … See State v. Richardson, 140 La. 329 , 72 So. 984 , (1916); Lyons v. Hinckley , 12 La.Ann. 655 (1856); Chinn v. Petty , 163 So. 735 (La.App. 2d Cir. 1935).

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Louisiana Attorney General Reports · Oct 11, 2007

Board of Directors of La. Recovery District v. All Taxpayers, et al , 529 So.2d 384 (La. 1988). We are unaware of any judicial declaration affecting the presumed constitutionality of the Act. … In another recent case, Voicestream GSM / Operating Co, LLC v.

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Louisiana Attorney General Reports · Mar 30, 1995

In reaching this conclusion, we have also considered the holding of the Louisiana Supreme Court in City of New Orleans v. … Board of Commissioners , 640 So.2d 237 (La. 1994) pertaining to the home rule powers of the City of New Orleans, including the power of immunity from legislative authority to withdraw, preempt or deny power to initiate ordinances