Case law

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Louisiana Attorney General Reports · Jun 26, 2008

Clearly, the office of constable is an elective office in accordance with the above definition. … Accordingly, you ask if an individual can receive two supplemental payments if the individual is qualified for both payments.

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Louisiana Attorney General Reports · Jan 27, 1995

Thibodaux General Hospital proposes to contribute $60,000 to Nicholls State University for the purpose of establishing an endowed chair in oncology nursing. … The Louisiana Constitution, at Article VII , Section 14 (C), qualifies its prohibition on the donation of public property by providing: For a public purpose, the state and its political subdivisions or political corporations

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Louisiana Attorney General Reports · Jul 17, 1996

All such facilities shall comply with the standards and procedures established by or utilized in the State of Louisiana in its building and fire codes. . . ." … The district should also be aware that as a domestic dependant sovereign, the Tribe is largely immune from suit.

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Louisiana Attorney General Reports · Jul 8, 2008

Due to the weight and quantity of the boxes, it takes several days to unload and distribute these items to qualified senior citizens. … Based upon the information available to our office, we have reason to believe the food net program has in place an established program of financial assistance to the needy.

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Louisiana Attorney General Reports · Nov 5, 2010

Specifically, you have asked, under La.R.S. 47:2303 , what is the minimum "acreage required to qualify for a wetlands determination under the Use Value 1 exemption"? … for the use value exemption provided in La.R.S. 47:2303 , the statute clearly states that that amount is three (3) acres.

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Louisiana Attorney General Reports · Apr 9, 1998

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haney Corp. vs. Larpenter , 583 So.2d 867 (La.App. 1 st Cir. 1991), writ denied. … ". . . are clearly part of interstate or foreign commerce as these terms are generally understood".

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Louisiana Attorney General Reports · May 26, 1993

One of its purposes was to clarify exactly which local taxes qualify for rebate. The legislature substituted the phrase "local governmental subdivisions" for "political subdivisions." … Otherwise, one would be able to obtain immunity from the state regulation by making private contractual arrangements. This principle is summarized in Mr.

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Louisiana Attorney General Reports · Feb 9, 2011

For example, the retirement contributions for all employees of each department, including qualified and non-qualified employees, are shown as one lump sum for the entire department. … The court found that the members of the plaintiff class did not have a vested interest in one-to-one payment for unused accrued sick leave because that benefit was not lawfully authorized: Although the record clearly establishes

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Louisiana Attorney General Reports · Dec 29, 1994

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haynie Corp. v. Larpenter , 583 So.2d 867 (La.App. 1st Cir. 1991), Writ Denied. … Thus, the owner must establish that he or she falls squarely within one of the qualifying exemptions. The fact that the property is being leased to a governmental agency and used for a public purpose is immaterial.

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Louisiana Attorney General Reports · Dec 29, 1994

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haynie Corp. v. Larpenter , 583 So.2d 867 (La.App. 1st Cir. 1991), Writ Denied. … Thus, the owner must establish that he or she falls squarely within one of the qualifying exemptions. The fact that the property is being leased to a governmental agency and used for a public purpose is immaterial.

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Louisiana Attorney General Reports · May 26, 1998

Suffice it to say, Section 3202 clearly limits the exemption from taxation to new manufacturing establishments, new headquarters and/or new warehousing and distribution establishments. … A review of the statutes and the rules and regulations interpretive thereof, clearly evidence the following: 1 .

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Louisiana Attorney General Reports · Oct 19, 1999

Louisiana Revised Statutes of 1950, for the sale of alcoholic beverages for on-premises consumption or a Louisiana state racing commission licensed race track, parimutuel wagering facility, or offtrack wagering facility, or a qualified … These provisions are mandatory and would appear clearly applicable to the proposed lease and operations referenced in your letter of September 24, 1999.

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Louisiana Attorney General Reports · Apr 20, 2006

The Waterworks qualifies as a "revenue-producing public utility," as defined by LSA-R.S. 33:4161 , because it is owned by the parish and because it supplies the commodity of water. … However, if the primary purpose for the fee is revenue and regulation is "merely incidental," or if the fee "clearly and materially exceeds the cost of regulation or conferring special benefits upon those assessed," then

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Louisiana Attorney General Reports · Feb 24, 1999

Thus, to qualify as a program of social welfare for the aid and support of the needy and to fall within Paragraph (B) it is required that those assisted through the program must be screened pursuant to objective criteria … In regard to establishing a cooperative endeavor this office made the following observation: Care should be taken to insure that the cooperative endeavor agreement clearly reflects (1) the reciprocal rights and duties of

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Louisiana Attorney General Reports · Nov 21, 2006

You question whether the property qualifies for the exemption provided for under R.S. 56:24 . … Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haynie Corp. v. Larpenter, 583 So.2d 867 (La.App. 1 Cir. 1991) writ denied.

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Louisiana Attorney General Reports · Jul 21, 2008

successor. (6) "Governing Authority" of Enterprise Zones means the governing body of a parish, municipality or other political subdivision, and the office of the sheriff in the case of a law enforcement district, within which a qualified … The office of the sheriff, in the case of a law enforcement district, clearly falls under the Governing Authority of Enterprise Zones.

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Louisiana Attorney General Reports · Jun 12, 2002

These activities are clearly phrased in the alternative; meaning that if a person (defined in LSA R.S. 22:5 (6) to include individuals and business entities) performs any of the listed activities, then the person is regulated … Your second request is: "Are PBMs mandated to pay the 10 cent provider fee established in (R.S. 46:2625 ) and Directive 157?

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Louisiana Attorney General Reports · Apr 2, 2008

In making such a determination the Police Jury has a duty to "exercise reasonable care in establishing a polling place [ . . .] in a building which affords each qualified voter an opportunity to exercise his right of voting … The police jury must also adhere to the time restrictions on changing a polling place established by La.R.S. 18:534 (B), which provides that a polling place cannot be changed during the period commencing when the qualifying

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Louisiana Attorney General Reports · Jun 17, 1996

Additionally, LSA-R.S. 40:391 , cited above, clearly designates the Housing Authority as a "public body corporate and politic". … As an entity created by state statute and established and authorized by resolution of the City of New Iberia, the Housing Authority of the City of New Iberia would qualify at the very least as a special commission under LSA-R.S

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Louisiana Attorney General Reports · Sep 14, 2001

purpose of constructing, acquiring and improving capital improvements for the Parish (including but not limited to sewers and sewerage disposal works, drains, drainage canals, pumps and pumping plants, dykes and levees) as established … Clearly, the language of these propositions would allow the use of the tax revenues generated thereby for sewerage and drainage improvements (such improvements would certainly fall under the category of "any lawful public