Case law

Opinion Number

Louisiana Attorney General Reports · Nov 12, 2008

Your letter concedes that the documents requested clearly fall within the definition of public records available for inspection under Title 44 of the Louisiana Revised Statutes. … Finding the president of the title company was entitled to bring his own equipment to reproduce the records at issue, the Court held: As a qualified member of the public, Mr.

Opinion Number

Louisiana Attorney General Reports · Jul 13, 1994

The issue in that case was whether an election called under the old eight-ward scheme was valid, as opposed to holding the election under the current four-ward scheme established by ordinance. … The new election districts, redrawn after every federal census, are clearly the units of election for representation to that body.

Opinion Number

Louisiana Attorney General Reports · Oct 7, 2009

In other words, a cooperative endeavor agreement must meet the general standards for the non-gratuitous alienation of public funds established in Paragraph (A). … Clearly, the Town of Waterproof will receive something of value in return for the proposed expenditure and the proposed expenditure does not appear to be merely gratuitous.

Opinion Number

Louisiana Attorney General Reports · Oct 23, 2001

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haney Corp. v. Larpenter, 583 So.2d 867 (La.App. 1st Cir. 1991) writ denied. … In interpreting the above provision, we have consistently held that in order to qualify for an exemption under Section 21(B)(1)(a), the property must meet all four of the basic requirements set forth therein, to wit: 1.

Opinion Number

Louisiana Attorney General Reports · Dec 4, 2002

XII , Sec. 10 (a), which abrogated the immunity of government from liability for the tortious acts of its officers and employees. … Giordano establish the two elements of Sec. 1442 not clearly stipulated by your opinion request — his good faith and that the actions at issue were in the course and scope of his employment — then in our opinion the police

Opinion Number

Louisiana Attorney General Reports · Sep 4, 2007

Ordinarily, records reflecting the payments made by a public body are public records available for inspection by qualified requestors. R.S. 44:1 et seq. and 31 et seq. Caple v. … "This area is clearly within Congress' authority to regulate. First, this is a fundamental issue of privacy.

Opinion Number

Louisiana Attorney General Reports · May 2, 2003

There is no indication that it is meant to be an exception to the rule of § 14(A); the exceptions are clearly contained in § 14(B). … There is no indication that it is meant to be an exception to the rule of § 14(A); the exceptions are clearly contained in § 14(B).

Opinion Number

Louisiana Attorney General Reports · Aug 25, 1993

Clearly, Act 362 of 1992 was the latest expression of the legislative will regarding this matter. … The courts and their judges are vested with the constitutional power to construe and interpret both legislation and the constitution and, furthermore, possess judicial immunity from liability and suit for their adjudications

Opinion Number

Louisiana Attorney General Reports · Mar 19, 2001

The use of Mifeprex is assumed to require the same preventive measures as those taken prior to and during surgical abortion to prevent rhesus immunization. … Pediatric Use Safety and effectiveness in pediatric patients have not been established.

Opinion Number

Louisiana Attorney General Reports · Mar 30, 2009

The statute also provides that for certain parishes, the charge shall only be imposed after the question of its imposition has been submitted to the qualified electors of the parish. … The second ordinance in question proposes to establish a mosquito control service fee of $1 per month.

Opinion Number

Louisiana Attorney General Reports · Sep 13, 2001

It is our opinion that the prior law of Louisiana Acts 1972, No. 34 , amending R.S. 13:1952 (18) was repealed by the subsequent law of Louisiana Acts 1980, No. 577 , amending R.S. 13:1872 (A) by providing clearly and unequivocally … The election of the justices of the peace and constables includes those qualified voters within the territorial limits of the jurisdiction of the justice of the peace court. R.S. 13:2582 (B) and 2583(B).

Opinion Number

Louisiana Attorney General Reports · Feb 15, 2002

It is our opinion that the prior law of Louisiana Acts 1972, No. 34 , amending R.S. 13:1952 (18) was repealed by the subsequent law of Louisiana Acts 1980, No. 577 , amending R.S. 13:1872 (A) by providing clearly and unequivocally … The election of the justices of the peace and constables includes those qualified voters within the territorial limits of the jurisdiction of the justice of the peace court. R.S. 13:2582 (B) and 2583(B).

Opinion Number

Louisiana Attorney General Reports · Dec 18, 1998

The fact that the Legislature found it necessary to amend the Public Bid Law in 1991 to authorize pre-qualification of bidders for historical restoration projects clearly indicates that pre-qualification for other types of … The Louisiana Contractor's Licensing Law establishes which contractors are eligible to do various types of public (and private) work.

Opinion Number

Louisiana Attorney General Reports · Jun 1, 2000

The qualified electors of the District authorized the imposition of a sales tax dedicated for the purposes of paying the cost of construction, acquiring, improving, maintaining and operating a solid waste collection and disposal … There is no indication that it is meant to be an exception to the rule of § 14(A); the exceptions are clearly contained in § 14(B).

Opinion Number

Louisiana Attorney General Reports · Jun 26, 1999

In your first question, you ask at what point in the process of qualifying to attend a post-secondary institution has a student "redeemed" a Louisiana Honors Scholarship. … If the Legislature had intended to limit when the TOPS Scholarships could be redeemed, it could have clearly so stated.

Opinion Number

Louisiana Attorney General Reports · Aug 20, 1992

Pursuant to Article XII, Section 8 of the Constitution, the Legislature has established a system of public health including a hospital system for indigent persons. … The establishment of such an entity has been said to be within the constitutional powers of the Legislature by the Supreme Court.

Opinion Number

Louisiana Attorney General Reports · Jun 11, 2008

Dear Mayor Johnston: You have requested the opinion of this office concerning the term limits established by the City of Harahan in Ordinance No. 1046, which provides in pertinent part: ORDINANCE NO. 1046 An ordinance to … Furthermore, Paragraphs A, B and D are limited to advisory boards, however, Paragraphs C and E clearly apply to all boards and commissions.

Opinion Number

Louisiana Attorney General Reports · Apr 9, 2007

The Supervisory Committee on Campaign Finance Disclosure is established. … In your letter you object to language contained in our opinion, and to quote from your letter, "particularly, the Attorney General's interpretation of laws clearly under the Board's jurisdiction in R.S. 18:1511.1 , et seq

Opinion Number

Louisiana Attorney General Reports · Jul 18, 1997

The Title 41 provisions referenced above authorize leases between political subdivisions and state agencies and establish requirements for such agreements. … The language of R.S. 17:3055 (7) which authorizes the Authority to lease its property, "on any terms and conditions as may be lawful . . ." indicates clearly that the Authority is given broad discretion and that this grant

Opinion Number

Louisiana Attorney General Reports · Mar 1, 2010

At the outset of these negotiations, the parties established ground rules for conducting the collective bargaining negotiations. … XII, § 3, which provides, "[n]o person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law."