Akin v. Caddo Parish Police Jury

234 So. 2d 203, 1970 La. App. LEXIS 5347
CourtLouisiana Court of Appeal
DecidedMarch 31, 1970
DocketNo. 11409
StatusPublished
Cited by5 cases

This text of 234 So. 2d 203 (Akin v. Caddo Parish Police Jury) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Akin v. Caddo Parish Police Jury, 234 So. 2d 203, 1970 La. App. LEXIS 5347 (La. Ct. App. 1970).

Opinion

AYRES, Judge.

This is an action by 29 representative citizens, residents, and taxpayers of the City of Shreveport and of the Parish of Caddo to enjoin the Caddo Parish Police Jury from proceeding further with its plans to expand, to enlarge, and to otherwise improve the Caddo Parish Courthouse, an undertaking authorized in a special bond and tax election of October 29, 1968, and, further, to prohibit the removal of any of the live oak trees circling the courthouse square to make room for the proposed improvements. The plans contemplate, among other things, the construction of two wings to the courthouse which would require the removal of two or more trees near the middle of the block on each of the east and west sides of the courthouse square.

As a basis of this action, plaintiffs contend the present building on the courthouse square limits and restricts the square’s use as a public square, public common, and public park, and that any further encroachment upon the “square” by the expansion of the courthouse will substantially impair and destroy the square’s usefulness as a park and as a place for rest, recreation, and entertainment. Thus, it is contended that the contemplated acts of defendant would constitute further trespass upon property allegedly owned by the City of Shreveport of which, it is alleged, it should have, through its governing authority, possession, control, management, and administration.

In the alternative, plaintiffs contend that for the police jury to carry out its plans there would be a waste of funds; that cheaper quarters may be obtained elsewhere and, moreover, agencies, for which the police jury is not required to provide quarters, might be moved from the courthouse and thus eliminate any need for additional space.

A further claim is made to the effect that as title to the courthouse square is in the City of Shreveport, the Caddo Parish. Police Jury is without power or authority to carry out its plans for the expansion and improvement of the courthouse.

Plaintiffs having alleged that title to the property concerned is in the City of Shreveport, defendant excepted to their petition as disclosing no right of action in them to assert any right or claim thereto on behalf of the City of Shreveport as against the defendant, Caddo Parish Police Jury, which, it is alleged as a fact, has the administration and control of the property for the use and benefit of the public as a whole and particularly for the benefit of all the people of Caddo Parish.

In an exception of no cause of action, defendant points out that, insofar as the bonds issued in connection with the project of expanding and otherwise improving the courthouse are concerned, the police jury was authorized to incur debt and issue [205]*205bonds for that purpose, and that, after the expiration of a peremptive period now long past, no taxpayer, nor subdivision affected, shall be permitted to question the validity or regularity of the obligations represented by the bonds; nor does any court have the authority to inquire into such matters and, moreover, no court has the authority to interfere with the exercise of discretion of the local governing authority, nor may any court substitute its judgment for that of the local authority unless its action is so plainly, palpably, and manifestly arbitrary and capricious as to be oppressive and unreasonable.

The exceptions of no cause and of no right of action were referred to the trial of the case upon its merits. Defendant then answered plaintiffs’ demands and, following the trial of this cause upon its merits, plaintiffs’ demands were rejected and their suit dismissed, whereupon they appealed.

On a basis of the allegations of plaintiffs’ petition and of defendant’s answer, the following historical facts were either admitted or established on the trial of the case. During the year 1836, Shreve Town Company, a partnership, whose members were the owners of all the land comprising the present day downtown Shreveport, caused a map, or plat, thereof to be made and recorded. The property was divided into 60 or more blocks separated and served by appropriate streets and alleys. All the blocks were further subdivided into lots except Block 23, designated on the plat as a “public square,” which was left intact. This area was then a part of Natchitoches Parish, out of which Caddo Parish, with its present boundaries, was created by an act of the Legislature in the year 1838. The town of Shreveport wgs created by an act of the Legislature of 1839. Its boundaries were coextensive with the boundaries shown on the plat of 1836. Following recordation of this plat the owners sold various and sundry lots with respect to the plat.

From and after the creation of Caddo Parish until 1860, the police jury utilized other sites than Block 23 for courthouse purposes. A jail, however, was erected by the police jury in 1846 on the southwest corner of the square. Since that time the square has been continuously under the administration of the Caddo Parish Police Jury and used for housing the parish offices which serve the people of the parish. The town of Shreveport contracted with the parish to use the jail for its prisoners under an agreement that the jail would remain under the jurisdiction, management, and control of the parish.

There is no showing of any particular use made of the “square” prior to 1846 or that the town of Shreveport ever exercised any jurisdiction or authority over it. A courthouse was, however, erected by the parish upon the “square” in 1860. This original courthouse was demolished and replaced by another in 1892 which was enlarged and expanded in 1907. This second courthouse was likewise demolished and replaced by the present and enlarged structure erected in 1927.

To improve the square, the late T. Fletcher Bell, a judge of the District Court for Caddo Parish, donated, in 1904, sufficient live oak seedlings to encircle the courthouse square. These trees are quite large at the present time. Their branches generally meet and overlap in the spaces between the trees. Benches placed underneath the trees provide places for rest, recreation, and entertainment.

In addition to serving as a site for a courthouse, the “square” is frequently and incidentally used, and has been so used for many years, for public meetings of various kinds — political, patriotic, and otherwise, such as sports pep rallies, art shows, concerts, et cetera. These uses have not interfered with the use of the square or the courthouse.

No evidence was adduced to show that the town or City of Shreveport ever asserted title to the square or to a right to its possession, control, or administration. Mayor Clyde E. Fant, who has been in [206]*206office for almost 20 years, testified he had never known the City to assert title to the courthouse square. Lallie F. Clawson, who served as secretary-treasurer of the police jury from 1922 to 1962, and who has been a member of the jury since 1966, testified that the Caddo Parish Police Jury has held possession of and dominion and control over the courthouse square and the courthouses erected thereon ever since he has had any connection with the jury.

In the legislative act incorporating the town of Shreveport it was recognized that the seat of justice of the Parish of Caddo was located at Shreveport; the act creating the Parish of Caddo was amended to provide “that the name of the seat of Justice of the Parish of Caddo shall be called Shreveport, so long as the same shall be so located.”

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Akin v. Caddo Parish Police Jury
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Cite This Page — Counsel Stack

Bluebook (online)
234 So. 2d 203, 1970 La. App. LEXIS 5347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/akin-v-caddo-parish-police-jury-lactapp-1970.