Case law

State v. Williams

93 So. 3d 813 · Louisiana Court of Appeal · Jun 20, 2012

BROWN, Chief Judge, dissents. hi disagree that State v. Snyder, supra, is distinguishable from our case. … APPLICATION FOR REHEARING Before BROWN, STEWART, CARAWAY, MOORE & SEXTON (Pro Tempore), JJ. Rehearing denied. BROWN, C.J., and MOORE, J„ would grant rehearing.

Marathon Petroleum Co. v. Thiac

547 So. 2d 1091 · Louisiana Court of Appeal · Jun 7, 1989

John the Baptist Parish School Board refund taxes paid during a 90-day period, from July 1 to September 28, 1986, but denied further recovery. Both Marathon and the school board filed appeals to this Court. … The school board does not believe that taxes voluntarily paid and not paid under protest can be recovered by the paying party.

State v. Volentine

565 So. 2d 511 · Louisiana Court of Appeal · Jun 20, 1990

State v. Brown, 428 So.2d 438 (La.1983); State v. Palmer, 448 So.2d 765 (La.App. 2d Cir.1984), writ denied, 452 So.2d 695 (La.1984). The record indicates that no rights of the accused were violated. … Art. 895, or by the parole board as a condition of parole, LSA-R.S. 15:574.4 J. However, as emphatically held in State v.

Hunter v. Caddo Parish School Bd.

627 So. 2d 772 · Louisiana Court of Appeal · Dec 1, 1993

LIABILITY A school board is not the insurer of the safety of children. Coleman v. Joyner, 593 So.2d 451 (La.App. 2d Cir.1992), writ denied; Prier v. Horace Mann Ins. … Prier, supra; Nash v. Rapides Parish School Board, 188 So.2d 508 (La.App. 3d Cir.1966); Selleck v. Insurance Company of North America, 182 So.2d 547 (La.App. 1st Cir.1966).

Bolar v. Department of Public Works—Water

663 So. 2d 876 · Louisiana Court of Appeal · Oct 31, 1995

The Court will not disturb findings of fact when they are based upon the Board’s assessment of witness credibility and conflicting testimony. Hall v. Dept. of Police, 571 So.2d 178 |6(La.App. 4 Cir.1990); Barquet v. … Courts of Appeal are not free to alter the Board’s choice of punishment unless it is shown that the Board abused its discretion or acted arbitrarily and capriciously. Shields v.

Donaldson v. UNIVERSAL ENGINEERING, OF MAPLEWOOD, INC.

606 So. 2d 980 · Louisiana Court of Appeal · Oct 6, 1992

On the same day, Bankston was also replaced as a board member by Christi Trumps Lee, Trumps' daughter, pursuant to the aforementioned Article V, paragraph G shareholder notice. … The authority to act on behalf of a corporation can only be conferred by the charter or bylaws of the corporation or *988 by resolution of the board of directors. McKendall v.

Tweedel v. Fire Protection Dist. No. 1 Civil Serv. Bd.

546 So. 2d 654 · Louisiana Court of Appeal · Jul 5, 1989

TWEEDEL, Plaintiff-Appellee, v. FIRE PROTECTION DISTRICT # 1 CIVIL SERVICE BOARD, Defendant-Appellant. No. 88-530. Court of Appeal of Louisiana, Third Circuit. July 5, 1989. I. … LSA-R.S. 33:2561; Cherry v. Monroe Mun. Fire & Police Civil Serv. *656 Bd., 514 So.2d 738 (La.App. 2d Cir.1987); City of Westwego v. McKee, 448 So.2d 166 (La.App. 5th Cir.1984); Trahan v. City of Jennings Mun.

Calcasieu Parish School Board,sales & Tax Use Dept. v. Nelson Industrial Steam Co.

Louisiana Court of Appeal · Apr 7, 2021

Calcasieu Parish School Board Sales & Use Department v. Nelson Industrial Steam, Co., 20-724, p. 1 (La. 10/20/20), 303 So.3d 292 (NISCO II). … Co., LLC v.

Park Supply Co. v. St. Tammany Parish

504 So. 2d 987 · Louisiana Court of Appeal · Mar 4, 1987

A reviewing court cannot substitute its own judgment; it cannot interfere absent a showing by the appellant or relator that the Board was arbitrary and capricious or abused its discretion. Cross v. … Maple Area Residents, Inc. v. Board of Zoning Adjustments, 365 So.2d 891 (La.App. 4th Cir.1978); Roy v. Kurtz, 357 So.2d 1354 (La.App. 4th Cir.1978), writ denied, 359 So.2d 1307 (La.1978); Gertler v.

RJAM, Inc. v. Miletello

214 So. 3d 906 · Louisiana Court of Appeal · Jan 13, 2017

In RJAM, Inc. v. Miletello, 47,218 (La. … R.S. 27:310(D); see also BLPR, Inc. v. National Gaming, Inc., 2010-1221 (La.App. 1 Cir. 4/6/11) , 64 So.3d 779 ; RJAM, Inc. v. Miletello, supra at 514.

Morrison v. City of Baton Rouge

2002 La.App. 1 Cir. 0358 · Louisiana Court of Appeal · Dec 20, 2002

R.S. 33:2501, the Board’s reinstatement was not legally erroneous. Marcantel v. Department of Transportation and Development, 590 So.2d 1253, 1256 (La.App. 1st Cir. 1991). … Morrison’s utilization of the mandamus proceeding to require the City to enforce the decision and directive of the Board constitutes a proper procedural course of action. Ricca v.

Montgomery v. Administrators of the Tulane Educational Fund

2009 La.App. 4 Cir. 1670 · Louisiana Court of Appeal · Oct 13, 2010

In State v. … In support of their arguments, the Tulane Board relies substantially on Hutchinson v. Tulane University of Louisiana, 171 La. 653 , 131 So. 838 (1930); Girven v. Miller, 219 La. 252 , 52 So.2d 843 (1951); Voinche v.

McCain v. City of Lafayette

741 So. 2d 720 · Louisiana Court of Appeal · May 5, 1999

In Stults v. … Greenleaf v.

Hunerjager v. Dixie Electric Membership Corp.

434 So. 2d 590 · Louisiana Court of Appeal · Jun 28, 1983

“Public body” is defined in R.S. 42:4.2 A(2) as: “ ‘Public body’ means village, town, and city governing authorities; parish governing authorities; school boards and boards of levee and port commissioners; boards of publicly … The cases relied on to support this argument are Spain v. Louisiana High School Athletic Association, 398 So.2d 1386 (La.1981), and Seghers v. Community Advancement, Inc., 357 So.2d 626 (La.App. 1st Cir.1978).

Giacona v. Conti Commodity Services, Inc.

423 So. 2d 741 · Louisiana Court of Appeal · Dec 1, 1982

Giacona v. Conti Commodity Services, Inc., 409 So.2d 690 (La.App. 4th Cir.1982). … They may be nothing more than agreements to agree or not on something further, considering the Board’s Section 610.00. The following from Franks v.

Roccaforte v. WING ZONE, INC.

994 So. 2d 126 · Louisiana Court of Appeal · Aug 21, 2008

LSA-C.C. art. 3076 [2] ; Trahan, 04-0100 at p. 15, 894 So.2d at 1107; Ortego , 96-1322 at p. 7, 689 So.2d at 1363 ; Brown v. Drillers, Inc., 93-1019, p. 7 (La.1/14/94), 630 So.2d 741, 748 . … In Sampay v.

First Union Baptist Church of Alexandria v. Banks

533 So. 2d 1305 · Louisiana Court of Appeal · Nov 9, 1988

Lambert v. Donald G. Lambert Const. Co., 370 So.2d 1254 (La. 1979). Evidence supporting or controverting the existence of no right of action is admissable. Edwards v. … See LeBlanc v. Davis, 432 So.2d 239 (La.1983); Rose Hill Baptist Church v. Jones, 425 So.2d 348 (La.App. 3rd Cir.1982).

Lakeshore Property Owners Ass'n v. City of New Orleans

481 So. 2d 162 · Louisiana Court of Appeal · Jan 27, 1986

Pitts v. Board of Zoning Adjustments, 327 So.2d 140 (La. App. 4th Cir.1976); State ex rel. Korns v. Board of Zoning Adjustments of New Orleans, 223 So.2d 505 (La.App. 4th Cir.1969); State ex rel Phillips v. … See: Nassau Realty Co. v. City of New Orleans, 221 So.2d 327 (La. App. 4th Cir.1969); State ex rel Phillips v. Board of Zoning Adjustments, supra .

Greenup v. City of New Orleans

212 So. 2d 235 · Louisiana Court of Appeal · Jun 10, 1968

An appeal from the board of adjustment is allowed as follows: “ * * * Any person or persons jointly or severally aggrieved by any decision of the board of adjustment, or any officer, department, board, or bureau of the municipality … Kreher v.

Mathieu v. NEW ORLEANS PUBLIC LIBRARY

2008 La.App. 4 Cir. 1503 · Louisiana Court of Appeal · Nov 18, 2009

Robbins v. New Orleans Public Library, 208 So.2d 25, 31 (La.App. 4.1968). In Robertson v. … Cittadino v. Department of Police, 558 So.2d 1311, 1315 (La.App. 4 Cir.1990).