Case law

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Louisiana Attorney General Reports · Oct 18, 2002

Ordinance #01-2001-02 indicates that it was adopted by the Mayor and Board on January 8, 2001. … Daily Advertiser v. Trans-La., 612 So.2d 7 , 22 (La. 1993). Regulatory lag is a risk that is always on utilities absent extraordinary circumstances. Louisiana Power Light Com v. Louisiana Pub.

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Louisiana Attorney General Reports · Jul 30, 2009

V, § 27. … Co. v. Grant Parish Sheriff's Dep't , 350 So.2d 236 (La.App. 3 Cir. 1977).

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Louisiana Attorney General Reports · Oct 21, 1992

Commander v. Board of Commissioners of Buras Levee District 11 So.2d 605 (La. 1942), Rehearing Denied; Musmeci v. American Automobile Insurance Company 146 So.2d 496 (La.App. 1962) Rehearing Denied. … Since levee districts are not state agencies, commissions, or boards, but rather political subdivisions of the state within the local governmental framework, it is our opinion that they constitute local boards falling squarely

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Louisiana Attorney General Reports · Apr 1, 1992

Lapeze v. Amoco Production Company, 655 F. Supp. 1 (M.D. LA 1987); Vincent v. Bullock, 187 So. 35 (La. 1939); Caple v. Green, 545 So.2d 1222 (LA App. 2 Cir. 1989); Dejoie v. … R.S. 42:3 refers to "the term of office of the membership of board electing them", and contemplates only boards whose members serve concurrently with each other.

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Louisiana Attorney General Reports · Apr 30, 2003

Zeringue v. State, Dept. of Public Safety , 467 So.2d 1358 (La.App. 5 Cir. 1985). Legislative intent behind statute may be sought by looking to the source of the statute. McGee v. … Item Co. v. National Dyers Cleaners , 130 So. 879 (La.App., 1930).

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Louisiana Attorney General Reports · May 16, 2005

Membership upon the board constitutes appointive office for purposes of the Dual Officeholding and Dual Employment Laws, LSA-R.S. 42:61 , et seq. … Doyal v. Roosevelt Hotel , 234 So.2d 510 (La.App. 4th Cir. 1970); Louisiana Civil Service League v. Forbes , 246 So.2d 809 (La. 1971); Stein v. Town of Lafitte , 266 So.2d 522 (La.App. 4th Cir. 1972).

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Louisiana Attorney General Reports · Jul 30, 2010

See Thibodeaux v. Hernandez , 97-602 (La.App. 3 Cir. 10/29/97) , 702 So.2d 1157 , and Lee v. Grimmer , 99-2196 (La.App. 1 Cir. 12/22/00) , 775 So.2d 1223 . However, the Louisiana Supreme Court's decision in Grant v. … While we find that the police chief is allowed to make recommendations before the municipality acts, and indeed must do so under La.Rev.State. 33:423 , we reject the holdings of Lee v. Grimmer and Thibodeaux v.

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Louisiana Attorney General Reports · Oct 18, 2002

This office observed that "the chief of police does not have the unilateral authority to hire and fire police personnel" relying upon Thibodeau v. … However, this office then stated, "Again, note that the board of aldermen hire and fire police personnel subject to your mandatory recommendation."

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Louisiana Attorney General Reports · Feb 15, 2005

VII, Sec 14 has been interpreted by the Louisiana Supreme Court in City of Port Allen v. … In accordance with City of Port Allen v.

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Louisiana Attorney General Reports · Feb 2, 1998

The Louisiana Supreme Court in Lentini v. City of Kenner , 211 So.2d 311 (La. 1968), said that the Chief of police is granted certain inherent powers which gives him the authority to control city police property. … In the case of Cogswell v.

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Louisiana Attorney General Reports · Oct 24, 2000

Article 7, Section 14 was interpreted by the Louisiana Supreme Court in City of Port Allen v. … In any case of doubt the board of trustees shall be the soul judge as to eligibility for membership.

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Louisiana Attorney General Reports · Aug 28, 2006

of the employee's current system and with the board of MPERS within one year after becoming eligible for MPERS membership. … See City of Port Allen v. Louisiana Municipal Risk Management Agency, Inc., 439 So.2d 399 (La. 1983).

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Louisiana Attorney General Reports · Jun 3, 1992

Attorney General's opinion 91-53 addresses the issue of refusal by the council to accept the appointments on the basis of a law possibly being constitutional with language from the case of Interstate Oil Pipe Co. v Guibeau … Thus, laws are presumed to be constitutional until the contrary is judicially established Smith v Flournoy, 118 So.2d 320 (La.App. 2nd Cir. 1959), cert. denied January 11, 1960.

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Louisiana Attorney General Reports · Feb 9, 2011

See Special Counsel v. Carter , 45 M.S.P.R. 447 (1990), at page 453. … However, if the Merit System Protection Board finds by unanimous vote that the violation does warrant removal, a penalty of not less than 30 days suspension without pay shall be imposed by direction of the Board. 3 The Office

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Louisiana Attorney General Reports · May 9, 2006

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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Louisiana Attorney General Reports · Nov 9, 1993

In the case of Cogswell v. … This is consistent with the Second Circuit's ruling, on other facts, in Cogswell v.

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Louisiana Attorney General Reports · Sep 9, 1993

salaries for the marshal of a city court to be paid by the city and parish in which the city is located for a city with a population of at least 10,000, and for those cities under a population of 10,000, State ex rel Bass v. … Mayor Board of Aldermen, 204 La. 940 , 16 So.2d 527 (1944) holds the city cannot abuse its discretion by fixing a salary so low a competent person cannot afford to accept the office.

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Louisiana Attorney General Reports · Jun 6, 1996

However, the board of aldermen shall not reduce the compensation of the mayor or any elected official during the term for which he is elected . (Emphasis added). … Thurmond v. City of Shreveport , 124 La. 178 , 50 So. 3 , 8 , 134 Am.St.Rep. 496 .

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Louisiana Attorney General Reports · Jun 27, 1994

The applicable statute is LSA-R.S. 42:4.2 (2) which states as follows: "`Public body' means village, town, and city governing authorities; parish governing authorities; school boards and boards of levee and port commissioners … The Louisiana Supreme Court in Spain v. Louisiana High School Athletic Association, 398 So.2d 1386 (La. 1981) held a private body subject to the open meetings law because of its function. In Seghers v.

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Louisiana Attorney General Reports · Mar 15, 2006

Nos. 05-0303, 05-0122, 04-0156, 04-0267, 96-246, 93-424, 93-47 and 92-50. 2 (See Hemler v. Richland Parish School Board, 76 So. 585 (La. 1917); Watkins v. Ouachita Parish School Board, 136 So 591 (La. 1931); Hodnett v. … Monroe City School Board, 277 So.2d 598 (La.App. 2 nd Cir. 1972), and Brock v. St. James Parish Council, 407 So.2d 1265 (La.App. 4 th Cir. 1981), writ denied.