Case law

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Louisiana Attorney General Reports · Sep 15, 1994

The opponent must establish clearly and convincingly that the constitutional aim was to deny to the legislature the power to enact the legislation. … Northeast Soil Conservation District of La., 72 So.2d 543 (La.App. 2d Cir. 1954), a case dealing with sovereign immunity, the court stated: The State, which is the sovereign power under our theory of government, comprehends

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Louisiana Attorney General Reports · Sep 17, 2007

3) What steps must a cemetery follow to establish that a cemetery space is abandoned? We herein address each of these important questions. … Additionally, it is further our opinion that de minimus repairs and maintenance do not qualify a cemetery authority to enforce the reclamation rights under La.R.S. 8:903 and 8:903.1 .

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Louisiana Attorney General Reports · Feb 16, 2011

The phrase, "travel expenses," is not clearly defined within either resolution. … However, what qualifies as a travel expense will have to be determined on a case-by-case basis under the foregoing resolutions.

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Louisiana Attorney General Reports · Jan 22, 2002

Several years ago the board of aldermen established my salary at $3.75 per hour. At one time I worked part-time, but for the past several years I have been full-time. … I have also refused to make known which hours of the day were worked since would-be criminals could establish a trend from this.

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Louisiana Attorney General Reports · Aug 11, 1997

All rules shall be adopted in accordance with the Administrative Procedure Act. 1 The rules shall include but shall not be limited to: (1) Rules to establish permissible and prohibited uses of plates. (2) Rules establishing … For the purposes of this Chapter, the commissioner or his aides and assistants, shall be qualified to take the acknowledgments herein required, for which no charge shall be made.

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Louisiana Attorney General Reports · Apr 25, 2006

R.S. 17:15 by qualifying the type of school employee listed in La. … R.S. 17:15 (A)(1)(a), based on the plain language used, clearly applies to individuals employed by a school board pursuant to La. R.S. 17:84.1 , 17:158 (A)(4) and 17:82 . However, La.

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Louisiana Attorney General Reports · May 21, 2009

As to possible future legislation, perhaps the law could provide for an explicit statement to that effect to emphasize and clarify to persons with the HIV/AIDS virus that they clearly lose the right to confidentiality if … If future legislation would place any heavier burden on health officers to make such disclosures to third persons, we suggest that it also contain an immunity clause similar to the one in Connecticut General Statutes § 19a

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Louisiana Attorney General Reports · Aug 3, 2001

To the contrary, the Slatten Memorandum of December 14, 1994, clearly links payment to past performance. … No person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law."

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Louisiana Attorney General Reports · May 21, 2010

The zones determine the risk and likelihood of flooding in a given area, which provides the groundwork for establishing flood insurance rates. … The property rights of the developer were affected immediately once the property was placed in a floodway the *Page 10 "taking" was clearly for a public purpose, establishing the floodplain for public safety.

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Louisiana Attorney General Reports · Sep 8, 2010

Additionally, it should be noted that an offer to purchase Thomas Gibbs Elementary School does not qualify as an actual or attempted sale. … While the Board's position is that it would be financially prudent to sell the school for less than the appraised value, as explained with regard to the Thomas Gibbs School above, such policy decisions are clearly beyond

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Louisiana Attorney General Reports · Dec 13, 2000

For example, Section 2(a) of the Charter states "[t]he mayor and the chief of police (marshal) shall be elected at large by qualified voters throughout the City of Plaquemine." … The parenthetical reference to the position of marshal clearly indicates that the former position of marshal is incorporated in the position of chief of police.

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Louisiana Attorney General Reports · Jan 19, 2001

For example, Section 2(a) of the Charter states "[t]he mayor and the chief of police (marshal) shall be elected at large by qualified voters throughout the City of Plaquemine." … The parenthetical reference to the position of marshal clearly indicates that the former position of marshal is incorporated in the position of chief of police.

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Louisiana Attorney General Reports · Oct 29, 1996

Unless the articles or by-laws provide otherwise, the directors shall hold office for one year and until their successors are chosen and have qualified . . . . C. … Each director shall hold office for the term for which he was named or elected, and until his successor is elected and qualified.

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Louisiana Attorney General Reports · Mar 3, 2009

In carrying out such programs, the governing authority must establish objective eligibility requirements and formal guidelines to ensure that all individuals qualifying are needy and have an equal opportunity of receiving … Such a program must be administered in accordance with the establishment of formal guidelines to insure that all individuals qualifying are truly needy and have an equal opportunity of receiving public assistance.

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Louisiana Attorney General Reports · May 11, 2001

Therefore, this office is of the opinion that based upon Taylor and not any particular provision of Louisiana law, the answer to your second question is a qualified yes. … While articles of the Criminal Code pertaining to the arrest of individuals by peace officers may not be legally binding upon bondsman, there is no doubt they do establish a reasonable standard by which one's actions could

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Louisiana Attorney General Reports · Aug 4, 2006

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). … To further qualify an expenditure of public funds as non-gratuitous, the Attorney General has applied the "legal obligation or duty" standard as only a threshold requirement.

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Louisiana Attorney General Reports · Mar 31, 2008

For example, Section 2(a) of the Charter states "[t]he mayor and the chief of police (marshal) shall be elected at large by qualified voters throughout the City of Plaquemine." … The parenthetical reference to the position of marshal clearly indicates that the former position of marshal is incorporated in the position of chief of police.

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Louisiana Attorney General Reports · Nov 30, 2009

First, it clearly exempts from the regulatory authority of the Division, and the purview of the Unmarked Burials Act, any "cemetery authorized by the" LCB. … A cemetery in which the caretakers have given up on keeping it in good condition would be one factor in determining whether a cemetery qualifies as an abandoned cemetery.

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Louisiana Attorney General Reports · Feb 24, 2006

Alcus Lands Partnership Trust, 577 So.2d 1094 , 1097 (La.App. 1 Cir. 1991) (stating that, "[t]he paper title relied upon by one seeking to establish a ten year prescription must sufficiently describe the property so as to … Additionally, our reading of the law clearly shows that there is only one approach for DOTD when handling matters related to the return of expropriated property: Follow the procedural requirements of La. R.S. 48:221 .

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Louisiana Attorney General Reports · Apr 5, 2010

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." … The right to privacy is qualified by the rights of others, and is limited by society's right to be informed about subjects of public interest.