Bayou Cane Volunteer Fire Dept. v. TERREBONNE PARISH CONSOLIDATED GOVT.

548 So. 2d 915, 1989 WL 105099
CourtSupreme Court of Louisiana
DecidedSeptember 12, 1989
Docket89-CA-0982
StatusPublished
Cited by7 cases

This text of 548 So. 2d 915 (Bayou Cane Volunteer Fire Dept. v. TERREBONNE PARISH CONSOLIDATED GOVT.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bayou Cane Volunteer Fire Dept. v. TERREBONNE PARISH CONSOLIDATED GOVT., 548 So. 2d 915, 1989 WL 105099 (La. 1989).

Opinion

548 So.2d 915 (1989)

BAYOU CANE VOLUNTEER FIRE DEPARTMENT
v.
TERREBONNE PARISH CONSOLIDATED GOVERNMENT, Terrebonne Parish Council, Teddy Dune and Harris Henry.

No. 89-CA-0982.

Supreme Court of Louisiana.

September 12, 1989.
Rehearing Denied October 12, 1989.

*916 Robert B. Butler, III, Houma, for appellant.

James Funderburk, Vincent Dagate, Jr., Houma, for appellee.

William J. Guste, Jr., Atty. Gen., Jesse James Marks, Lois C. Davis, Anne F. Benoit, Asst. Attys. Gen., Intervenors.

COLE, Justice.

This matter comes before the Court on direct appeal pursuant to La. Const. Art. V,

§ 5(D). At issue is the constitutionality of R.S. 40:1504, 1987 La.Acts 454, which deals with the allocation of fire district tax revenues in Fire District 1, 2, 3 located in Terrebonne Parish. The Bayou Cane Volunteer Fire Department (Bayou Cane) brought suit to enjoin enforcement of a parish ordinance that contained provisions contrary to the statute. The Terrebonne Parish Consolidated Government (Parish) which serves as the governing body of Fire District 1, 2, 3 reconvened, seeking a declaratory judgment that R.S. 40:1504 is unconstitutional. After a trial on the merits, the district court held R.S. 40:1504 is unconstitutional under Article VI, § 6 of the state constitution as an unwarranted interference with the powers of a home rule government. We disagree and, accordingly, we reverse the trial court and affirm the constitutionality of the statute.

I. FACTS

In 1975, pursuant to R.S. 40:1492, the Terrebonne Parish Police Jury created Fire Protection District 1, 2, 3. The district was established to coordinate and fund the various volunteer fire departments serving rural areas. As authorized by R.S. 40:1495, the police jury served as the governing authority for the fire district. In 1982, the police jury divided District 1, 2, 3 into five zones: A, B, C, D and E. In 1984, the Parish adopted a home rule charter and the new Terrebonne Parish Consolidated Government took over as the governing authority for the Fire District.

In 1986, by ordinance, the Parish proposed a five mill ad valorem property tax for the support of the volunteer fire departments in Fire District 1, 2, 3. See Terrebonne Parish Ordinance No. 3884 (August 19, 1986). The millage tax passed and a four mill tax was actually levied. Ordinance 3884 also created a formula for allocating the tax revenues among the various fire departments serving the zones of Fire District 1, 2, 3. Id. In 1987, the legislature passed Act 454.[1] In essence, Act 454 requires the Parish, the governing body of *917 the fire district, to use tax revenues collected for fire protection in zones A, B and D of Fire District 1, 2, 3 only within the respective zone where collected. The statute makes no mention of zones C and E.

The Parish made no effort to comply with the statute. Bayou Cane, the fire department serving zone B of District 1, 2, 3 brought suit for declaratory and injunctive relief to compel the Parish to allocate millage tax revenues according to the provisions of Act 454. The Parish filed a reconventional demand and then an Amended Petition seeking a declaratory judgment that Act 454 of 1987 is unconstitutional. After trial on the merits, the trial court ruled in favor of the Parish and declared the act unconstitutional. Bayou Cane appeals.

II. ISSUES

The single issue presented in this case is whether Act 454 of 1987 is unconstitutional. The Parish, however, challenged the statute on two grounds. Thus, we are presented with the questions:

1) Whether Act 454 is unconstitutional as a local or special law contrary to La. Const. Art. III, § 12; and
2) Whether Act 454 is unconstitutional as a law affecting the powers and functions of a home rule charter government contrary to La. Const. Art. VI, § 6.

III. ANALYSIS

A. Local or Special Law

We have little difficulty in finding Act 454 of 1987 does not violate the prohibition of Article III, § 12 of the Louisiana Constitution against "local or special" laws. It is true that Act 454 clearly meets the initial test for a "local law" set out in State v. LaBauve since "its operation is limited solely by its designation of certain parishes." 359 So.2d 181, 183 (La.1978). Article III, § 12, however, does not prohibit the legislature from passing any kind of local or special law. Rather, the legislature is forbidden to pass local or special laws concerning clearly specified subjects.[2] In LaBauve, for example, the "local law" found unconstitutional was a criminal statute and thus specifically prohibited by Article III, § 12(A)(10). In this case, Act 454 deals with the apportionment of tax revenues among the zones of a state fire protection district; it falls into none of the categories of proscribed local laws. Moreover, as discussed below, Act 454 is a local law of the kind specifically authorized by La. Const. Art. VI, § 19. Therefore, we conclude Act 454 is not unconstitutional as violative of Article III, § 12.

B. Interference with Home Rule Charter Government

A more difficult question is whether Act 454 violates La. Const. Art. VI, § 6:

The legislature shall adopt no law the effect of which changes or affects the structure and organization or the particular distribution and redistribution of the powers and functions of any local governmental subdivision which operates under a home rule charter.

*918 The primary purpose of Section 6 is "to protect home rule charter governments from unwarrantable interference in their internal affairs by state government." Francis v. Morial, 455 So.2d 1168, 1171 (La.1984); see also Kean, Local Government and Home Rule, 61 Loyola L.Rev. 63, 66 (1975). The trial court found Act 454 violated the terms of Section 6 by effecting a "redistribution of the powers and functions" of the Terrebonne Parish home rule charter government. We disagree.

By its express language, Article VI, § 6 applies only to laws that change or affect the operations of a home rule charter government. R.S. 40:1504, on the other hand, applies to a fire district which is a special district created by the legislature under its Article VI, § 19 powers.[3] When R.S. 40:1504 is viewed in its statutory context, a clear pattern of legislative supervision emerges. R.S. 40:1492 permits parish governing authorities to create fire districts "subject to the limitations and restrictions" imposed by the legislature. R.S. 40:1492(C) expressly states that fire districts created by parishes "are subdivisions of the state," at least for the purpose of laws pertaining to taxation and bonded indebtedness. See also Winn v. City of Kenner, 225 So.2d 662, 663 (La.App. 4th Cir.1969) (fire protection districts are subdivisions of state). R.S. 40:1495 permits, but does not require, a parish governing body to serve as the governing authority for the fire district as well. R.S. 40:1500 makes fire districts state-created public corporations. Finally, the legislature has exercised its supervisory powers over other individual fire districts. See, e.g., R.S. 40:1502, 1502.1-1502.7, 1503. These provisions are "local" or "special" laws specifically authorized by Article VI, § 19.

There is no merit in the Parish's argument that the governance of Fire District 1, 2, 3 is a purely local matter falling totally within the ambit of its home rule charter powers over purely local affairs.

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548 So. 2d 915, 1989 WL 105099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bayou-cane-volunteer-fire-dept-v-terrebonne-parish-consolidated-govt-la-1989.