CONCERNED BUS. & PROP. OWN. OF DeSOTO, INC. v. DeSOTO PARISH SCH. BD.

528 So. 2d 567, 1988 La. App. LEXIS 1013
CourtLouisiana Court of Appeal
DecidedApril 25, 1988
Docket20,059-CA, 20,060-CA
StatusPublished
Cited by6 cases

This text of 528 So. 2d 567 (CONCERNED BUS. & PROP. OWN. OF DeSOTO, INC. v. DeSOTO PARISH SCH. BD.) 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.

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CONCERNED BUS. & PROP. OWN. OF DeSOTO, INC. v. DeSOTO PARISH SCH. BD., 528 So. 2d 567, 1988 La. App. LEXIS 1013 (La. Ct. App. 1988).

Opinion

528 So.2d 567 (1988)

CONCERNED BUSINESS AND PROPERTY OWNERS OF DeSOTO, INC., et al., Plaintiffs-Appellants,
v.
DeSOTO PARISH SCHOOL BOARD, Defendant-Appellee.

Nos. 20,059-CA, 20,060-CA.

Court of Appeal of Louisiana, Second Circuit.

April 25, 1988.

*568 Nelson, Hammons & Johnson by Walter D. White, Walter F. Johnson, III, Shreveport, Leslie B. Bagley & Assoc., Ltd. by Leslie B. Bagley, Mansfield, for plaintiffs-appellants.

Ward and Hammonds by John F. Ward, Jr., Baton Rouge, Don M. Burkett, Dist. Atty. by Robert E. Plummer, Many, for defendant-appellee.

William J. Guste, Jr., Atty. Gen. by William M. Cady, III, Shreveport, for respondent State.

Before MARVIN, SEXTON and NORRIS, JJ.

SEXTON, Judge.

FACTS

The present appeal arises as a result of two suits filed by plaintiffs opposing the legality of actions of the DeSoto Parish School Board involving two propositions submitted to the voters in a general election held October 24, 1987 in DeSoto Parish. Plaintiffs are voters of DeSoto Parish who have joined together to form Concerned Business and Property Owners of DeSoto, Inc., a Louisiana corporation, as well as certain individual plaintiffs. The election was held for the purpose of authorizing a parishwide ad valorem property tax (Proposition No. 1) and the issuance of bonds in School Districts 1, 3, 4 and 5 of DeSoto Parish for the purpose of constructing schools or renovating existing schools (Proposition No. 2). Proposition No. 1 passed parishwide but Proposition No. 2 was approved by only School Districts 4 and 5. We reverse in part and render, and affirm in part.

The first suit requested the overturning of the election pursuant to the provisions of Title 18, and made various claims of pre-election misconduct on the part of the school board members and others including violations of the open meeting law, use of public funds for advertising in support of a tax proposition and public misrepresentations relative to the effect of the passage of the proposal. The trial judge sustained an exception of no cause of action relevant to the Title 18 claims. Plaintiffs appealed pursuant to the expedited appellate procedure provided for in Title 18:1409. This court affirmed that decision in the following per curiam opinion:

We hold the trial court did not err in concluding that plaintiffs had not stated a cause of action under Election Code, LSA-R.S. 18:1401, et seq. We reverse ruling on plaintiffs' cause of action under Art. 6 § 35, LSA Constitution and particularly the constitutionality of LSA-R.S. 39:562 (D & F).

*569 Therefore, the only issues before us in the instant appeal are those raised by the second suit filed in the trial court. This suit questioned the constitutionality of LSA-R.S. 39:562 D and F as "local and special laws." They also asserted that the election should be declared invalid as it pertains to both Proposition No. 1, a parishwide ad valorem tax, and Proposition No. 2, the bond proposition.

They alleged pre-election misrepresentations made by the school board, violations of the open meeting law, and the use of public funds for the advertisement and dissemination of misleading information. Appellants also argued that the asserted unconstitutionality of Proposition No. 2 extended to Proposition No. 1, the requested ad valorem tax, as the tax in reality was to be used for the operation of new schools which were to be built from the issuance of the bond. They therefore argued that as a result, Proposition No. 1 was "tainted" by the asserted unconstitutionality of Proposition No. 2. The trial judge thereafter rendered a judgment rejecting plaintiffs' demands on April 12, 1988.

PROPOSITION NO. 1 and VALIDITY OF ELECTION

We first address appellants' contentions concerning the invalidity of the October 24, 1987 election. Courts will not entertain election contests unless it is shown that the matters complained of would have changed the result of the election. State ex rel Burg v. Folse, Orl.La. App.1944, 17 So.2d 32. Additionally, courts are loathe to thwart the result of an election and will change that result only for grave and sufficient reasons. Newsom v. Temple, 66 So.2d 357 (La.App. 1st Cir. 1953); Courtney v. Singleton, 27 So.2d 448 (La.App. 1st Cir.1946). The burden is on one claiming that the affirmative result of a bond issue election was affected by a misleading statement in the notice of election amounting to no more than an irregularity, to establish that the result of the election was affected by such statement. 64 Am.Jur.2d, Public Securities and Obligations, § 138 at 182.

The only Louisiana jurisprudence we have located dealing with alleged broken or misleading promises is Williams v. Police Jury of Concordia Parish, 160 La. 325, 107 So. 126 (1926). In Williams, the plaintiff alleged that the police jury of Concordia parish, as well as proponents of a bond issue, made promises that from proceeds of the bond a gravel highway would be built through the tenth ward of the parish. The road was not built, however. Plaintiff sued to enjoin the parish from issuing the bonds and to restrain certain police jury members from acting. The allegation of unlawful promises was asserted as a basis for the injunction. The Supreme Court in addressing the issue of pre-election promises pointed out that the alleged breach of promises by elected officials "is to be reckoned with at the ballot box and not in the courts of this state." Williams v. Police Jury of Concordia Parish, supra, 107 So. at 129.

Any statements made by individual members of the school board prior to the election cannot be said to be "official conduct" on the part of the entire school board. Also, as the Supreme Court noted in Williams, complaints in that regard are best addressed at the ballot box. Further, there is no proof that the irregularities complained of did in fact change the result of the election. Plaintiffs' proof in this regard is meager at best.

Plaintiffs' complaint that the school board violated the open meeting law is likewise meritless. Any attack on the open meeting law must be brought within sixty days. LSA-R.S. 42:9. Plaintiffs did not specify the meeting or meetings and the dates thereof that they assert violate the open meeting law. Plaintiffs' contention that public funds were improperly used to advertise the effects of the election in a misleading fashion is also without merit. The misuse of public funds is a criminal matter and is addressed by criminal penalties. LSA-R.S. 18:1465.

Appellants' argument which attempts to tie the ad valorem tax to the bond proposition is likewise meritless. The ad valorem proposition was voted upon parishwide. *570 The bond proposition in question, however, was voted on in four of the five school districts of DeSoto Parish and in fact was passed in only two of these districts. As a result, all citizens of DeSoto parish are subject to the ad valorem tax regardless of whether or not the bond proposition passed in their individual school district. This result demonstrates the separateness of the proposals. Appellants' attempt to tie the two propositions together is misplaced.

We thus determine that the election should not be disturbed on the basis of arguments of the plaintiffs addressed here, and we further determine that Proposition No. 1 is valid as a separate and distinct proposition.

PROPOSITION NO. 2—CONSTITUTIONALITY

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