Case law

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  • Opinion Number

    Louisiana Attorney General Reports · Oct 5, 2005

    Atterberry alleges that its bid was rejected by the school board due to its submittal of a bus bid containing a V type engine rather than an Inline engine as set out in the bid specifications. … Louisiana Associated General Contractors, Inc. v. Calcasieu Parish School Board, 586 So.2d at 1365 -66 .

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  • Opinion Number

    Louisiana Attorney General Reports · Mar 23, 1993

    In addition to those powers directly delegated, schools boards also possess such implied powers and authority as are necessarily and properly incident to performance of its statutory duties. Shaw v. … According to the court order presently in effect in the case of Davis v.

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  • Opinion Number

    Louisiana Attorney General Reports · Jan 27, 1999

    As we understand the facts, the levee runs along the Mississippi River and is owned by the Lafourche Basin Levee Board ("Levee Board"). … Co. v. Board of Com'rs of Red River, Atchafalaya and Bayou Boeuf Levee Dist. 160 La. 727 , 107 So. 506 (La 1925).

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  • Opinion Number

    Louisiana Attorney General Reports · May 9, 2006

    See also, Heintz v. … , and c) can members of the City Council or of the Police Jury, serve on the governing board for the new district (note: not the Civil Service Board)?

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  • Opinion Number

    Louisiana Attorney General Reports · Apr 21, 1995

    Martin Parish School Board ("Board") regarding the validity of a contract of employment between the Board and its Superintendent of Schools. … ... " This amendment plainly evidences a legislative intent to avoid the result reached in Hayden v.

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  • Opinion Number

    Louisiana Attorney General Reports · Nov 21, 2006

    Wilson v. Butler, 513 So.2d 304 (La.App. 1st Cir.1987). The fact that a residence is maintained for political purposes does not itself prevent the residence from being actual and bona fide. … Williamson v. Village of Baskin, 339 So.2d 474 (La.App. 2d Cir.1977); writ den.; 341 So.2d 1126 (La. 1977).

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  • Opinion Number

    Louisiana Attorney General Reports · Apr 29, 2009

    In ACORN v. City of New Orleans , 377 So.2d 1206 (La. 1979), the Louisiana Supreme Court classified a parcel fee as a "specific tax" as opposed to an ad valorem tax. … *Page 4 Since the parcel fees are considered property taxes under ACORN v.

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  • Opinion Number

    Louisiana Attorney General Reports · Mar 12, 2008

    Landry Fire Protection District Number One Fire Board may also serve as the Secretary of the Board. … Finally, you ask if there are members of the Board who are ineligible, what steps are to be taken. In accordance with Lehmann v.

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  • Opinion Number

    Louisiana Attorney General Reports · Mar 10, 2005

    of the City of Baker and the Baker City School Board?" … In Hemler v.

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  • Opinion Number

    Louisiana Attorney General Reports · May 19, 2011

    Hammonds: On behalf of the Iberville Parish School Board ("School Board"), you have requested an Attorney General opinion regarding the School Board's authority to allow a teacher to supplement sabbatical medical leave benefits … BROU Assistant Attorney General JDC:DMB:lbw 1 Garnder v State of Louisiana et al. , 2002-0643 (La.App. 1 Cir. 3/28/03) , 844 So.2d 311 . 2 La.R.S. 17:1171 (A). 3 La.R.S. 17:1184 . 4 La.R.S. 17:1182 . 5 La.R.S. 17:1187 (A)

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  • Opinion Number

    Louisiana Attorney General Reports · Apr 19, 1993

    Peyrefitte v. Harvey, 312 So.2d 159 , writ refused 314 So.2d 736 . Further, courts should give reasonable interpretation to statutes and constructions which bring about absurd consequences should be avoided. … Guaranty Ass'n v. Guglielmo, 276 So.2d 720 , writ denied 279 So.2d 690 ; Flanagan v. A. L. W. Moore Trucking Contractors, 100 So.2d 289 .

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  • Opinion Number

    Louisiana Attorney General Reports · Feb 10, 2011

    *Page 2 A "political subdivision" is defined by La.R.S. 13:5102 (B)(1) as including: [a]ny parish, municipality, special district, school board, sheriff, public board, institution, department, commission, district, corporation … Boyce Assistant Attorney General JDC: EAB 1 See also Kohler v. Housing Authority of New Orleans , 2000-2558 (La.App. 4 Cir. 3/6/02) , 812 So.2d 851 . 2 La. Atty. Gen. Op.

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  • Opinion Number

    Louisiana Attorney General Reports · Feb 3, 2006

    VIII § 7.1 creates the Board of Supervisors of Community and Technical Colleges. 4 See Student Gov. Ass'n of L.S.U. v. … Board of Supervisors, 262 La. 849 , 264 So.2d 916 (1972); Board of Elementary and Secondary Education v. Nix, 347 So.2d 147 (La. 1977); and Grace v.

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  • Opinion Number

    Louisiana Attorney General Reports · Sep 5, 1996

    R.S. 33:4727 states that the local legislative body may provide for the appointment of a board of adjustment. However, in Coogan v. … We also find it pertinent to recognize in Lafourche Parish Council v.

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  • Opinion Number

    Louisiana Attorney General Reports · May 25, 2000

    Terrebonne Parish School Board members from fifteen (15) to nine (9). … Charles v. Town of Jeanerette, Inc. , 234 So.2d 794 , 798 . An ultra vires act is null and void. Therefore, the actions of the 8 member majority of the school board are ultra vires .

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  • Opinion Number

    Louisiana Attorney General Reports · Oct 2, 2001

    The Court, in Mouras v. Jefferson Parish School Board, 300 So.2d 540 (4th Cir. 1974) writ denied in 302 So.2d (La. … In the later case of Kuehn v. Calcasieu Parish School Board , 647 So.2d 544 (La.App. 3rd Cir. 1994), the court again looked at a local board's authority to reduce salaries.

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  • Opinion Number

    Louisiana Attorney General Reports · Feb 8, 2000

    The conclusion of this office that the Superintendent of Schools is an employee of the school board is consistent with Hayden v. … Richland Parish School Board , 544 So.3d 164 , [ 554 So.2d 164 ], (La.App. 2 Cir. 1990) where the court found that the Superintendent was an employee, and this decision was reaffirmed in Milstead v.

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  • Opinion Number

    Louisiana Attorney General Reports · Jun 11, 1991

    of the contracting board. … The issue which you have raised was considered by our courts in Hayden v. Richland Parish School Board, 554 So.2d 164 La.App. 2nd Cir. 1989; writ denied, 1990.

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  • Opinion Number

    Louisiana Attorney General Reports · Nov 9, 1993

    In Connecticut Board of Pardons v. Dumschat, 452 U.S. 458 , 101 S.Ct. 2460 (1981), the United States Supreme Court interpreted a similar Connecticut statute concerning pardons. … Von Scheppf v. Louisiana Board of Pardons, 536 So.2d 528 (La.App. 1 Cir. 1988). Likewise, Louisiana statutes do not grant inmates a right to make unlimited pardon applications.

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  • Opinion Number

    Louisiana Attorney General Reports · Jan 31, 2000

    of the Board. … See Beard-Poulan, Inc. v. Dept. of Highways , 362 F. Supp. 547 (W.D.La. 1973) and Town of Brusly v. West Baton Rouge Parish Police Jury , 283 So.2d 288 (La.App. 1st Cir. 1973).

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