Case law

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  • Opinion Number

    Louisiana Attorney General Reports · Apr 24, 2007

    See El Chico Restaurants of Louisiana, Inc. v. Louisiana Gaming Control Board , 01-0205, p. 6 (La.App. 1 Cir. 12/20/02), 837 So.2d 641 , 645 ; Pumphrey v. … City of New Orleans , 2005-979 (La. 4/4/06), 925 So.2d 1202 , 1213 ; Sanders v. Silverthorn , 2003-2726 (La.App. 1 Cir. 2/11/05) , 906 So.2d 518 , 525 .

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  • Opinion Number

    Louisiana Attorney General Reports · Oct 6, 2000

    of commissioners of the district . * * * * * * * * * * * * * * * * * * * * * * * * * * * * The observations of the Louisiana Supreme Court in Bayou Cane Fire Dept. v. … See also Winn V. City of Kenner , 225 So.2d 662 , 663 (La.App 4th Cir. 1969) (fire protection districts are subdivisions of state).

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  • Opinion Number

    Louisiana Attorney General Reports · Sep 20, 2002

    per diem as income for federal and state income tax purposes. (2) Whether a board trustee of state and statewide retirement systems can be reimbursed or paid for their service on the board. … Martin v. Martin , 92 So. 46 (La. 1922).

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  • Opinion Number

    Louisiana Attorney General Reports · Feb 11, 2008

    State v. Hargis , 154 So. 628 (La. 1934). The jurisprudence relies on this theory mainly for reasons of public policy. … Legislative Field Auditor V Post Office Box 44397 Baton Rouge, LA 70804 WILLIAM J. GUSTE, JR., ATTORNEY GENERAL. Dear Mr.

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  • Opinion Number

    Louisiana Attorney General Reports · Feb 23, 1996

    Dear Representative Diez: This office is in receipt of your request for an opinion of the Attorney General in regard to the Hospital District Board. … However, relying upon Giamanco v.

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  • Opinion Number

    Louisiana Attorney General Reports · Nov 19, 1993

    Helena Parish School Board. You ask whether the St. Helena Parish School Board can donate or sell a tract of land of two (2) to five (5) acres next to the St. … See, for instance, Town of Brusly v.

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  • Opinion Number

    Louisiana Attorney General Reports · Dec 30, 1993

    The cash management review board was created by R.S. 39:371 . The board is empowered to require all state agencies to submit a report of all banking and checking accounts and the balances in each. … Brickman v. Dees, 367 So.2d 283 (La. 1978). It is the opinion of this office that the specific statutory mandates of the Louisiana Lottery Corporation Law which direct investment controlled by a statute other than La.

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  • Opinion Number

    Louisiana Attorney General Reports · May 1, 2000

    Hutton v. City of Baton Rouge , 217 La. 857 , 47 So.2d 665 (1950); State ex rel. Loraine, Inc. v. Adjustment Board , 220 La. 708 , 57 So.2d 409 (1952). … No such action by the board shall be effective until the end of the term of the Police Chief in office at the time of that action.

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  • Opinion Number

    Louisiana Attorney General Reports · Feb 3, 2006

    In Ellerbe v. … In Williams v.

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  • Opinion Number

    Louisiana Attorney General Reports · Sep 25, 2009

    Pursuant to statute, LSERS is placed under the management of a Board of Trustees (Board) which has the specific mandate to manage the members' funds for the exclusive purpose of providing benefits and paying administrative … As support of this position, you cite the Louisiana First Circuit Court of Appeal decision in Louisiana State Employees' Retirement System, et al v.

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  • Opinion Number

    Louisiana Attorney General Reports · Jun 2, 2004

    Arguably the School Board's criteria is an economic regulation. … Lakeside Imports, Inc. v. State of Louisiana , 94-0191 (La. 7/5/94), 639 So.2d 253 (La. 1994); City of New Orleans v. Dukes , 427 U.S. 297 , 96 S.Ct. 2513 , 49 L.Ed.2d 511 (1976); State ex rel. Guste v.

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  • Opinion Number

    Louisiana Attorney General Reports · Apr 13, 1994

    of commissioners, or in lieu of appointing a commission, shall assume the powers and duties of the board of commissioners. … Brasseaux v. Vermilion Parish Police Jury, 361 So.2d 35 (La.App. 1978).

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  • Opinion Number

    Louisiana Attorney General Reports · Nov 13, 1996

    You inquire, "Are the actions taken by the board of commissioners null and void?" … This office has been faced on various occasions with the validity of the action taken during the period of invalid appointments, and with reliance upon Feinblum v. La.

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  • Opinion Number

    Louisiana Attorney General Reports · Mar 17, 1992

    This opinion clarified that the school board possesses the implied power to require that such funds be so deposited for accounting purposes, but in the absence of local regulation, no state law requires school board control … The Louisiana Supreme Court in Lentini v.

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  • Opinion Number

    Louisiana Attorney General Reports · Mar 13, 2000

    We find support for this position in State v. Davis, 359 So.2d 803 (La.App. 3rd Cir. 1989) writ denied. … In Attorney General Opinion No. 88-344, the issue was whether the Harahan Board of Aldermen (Board) could, in 1988, compensate three city employees for work performed by the employees in 1987.

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  • Opinion Number

    Louisiana Attorney General Reports · Jun 11, 1992

    Coody v. Natchitoches Parish School Board, 166 So.2d 303 (La.App. 1964). The right to exercise this option cannot be denied. Attorney General Opinion Number 50-52, page 228. … Scott v. Dennis, 392 So.2d 169 (La.App. 1980).

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  • Opinion Number

    Louisiana Attorney General Reports · Jun 1, 2004

    In Guste v. … See Guste v. Nicholls .

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  • Opinion Number

    Louisiana Attorney General Reports · May 1, 2007

    Gautreau v. Board of Elec. Examiners of City of Baton Rouge , 167 So.2d 425 (La.App. 1964). … Respondent Co. v. Krauss Co. , 9 So.2d 303 , 200 La. 959 (La. 1942).

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  • Opinion Number

    Louisiana Attorney General Reports · Mar 25, 2004

    "Appointive office" is defined in R.S. 42:62 (2) as: (2) "Appointive office" means any office in any branch of government or other position on an agency, board, or commission or any executive office of any agency, board, … Article V, § 28 (1974) and the elected clerk of court makes the appointment. 1 As noted above, the office is also a full time job. See LSA-R.S. 42:62 (4).

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  • Opinion Number

    Louisiana Attorney General Reports · Feb 26, 1999

    You state that the Evangeline Parish School Board employs permanent school bus drivers that are selected and hired by the School Board and are supervised by the School Board. … Employees of parish and city school boards who drive buses to colleges or universities may, at the discretion of the employing school board, be exempted from the age requirements provided herein, but shall meet those age

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