Concerned Bus. & Prop. Owners of DeSoto, Inc. v. DeSoto Parish School Bd.

531 So. 2d 436, 1988 La. LEXIS 1487, 1988 WL 71699
CourtSupreme Court of Louisiana
DecidedJuly 8, 1988
Docket88-CA-1028
StatusPublished
Cited by11 cases

This text of 531 So. 2d 436 (Concerned Bus. & Prop. Owners of DeSoto, Inc. v. DeSoto Parish School Bd.) 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
Concerned Bus. & Prop. Owners of DeSoto, Inc. v. DeSoto Parish School Bd., 531 So. 2d 436, 1988 La. LEXIS 1487, 1988 WL 71699 (La. 1988).

Opinion

531 So.2d 436 (1988)

CONCERNED BUSINESS AND PROPERTY OWNERS OF DeSOTO, INC., et al.
v.
DeSOTO PARISH SCHOOL BOARD.

No. 88-CA-1028.

Supreme Court of Louisiana.

July 8, 1988.
Rehearing Denied July 22, 1988.

*437 John F. Ward, Jr., Ward & Hammonds, Robert E. Plummers, Asst. Dist. Atty., for appellant.

Walter F. Johnson, III, Walter D. White, Nelson, Hammons & Johnson, Leslie B. Bagley, for appellee.

William J. Guste, Jr., Atty. Gen., William M. Cady, III, Asst. Dist. Atty., for respondent.

CALOGERO, Justice.

Plaintiffs, certain DeSoto Parish taxpayers,[1] challenge the results of a recent election which authorized the DeSoto Parish school board to issue bonds for the construction and renovation of schools within two DeSoto Parish school districts. Plaintiffs argue that La.R.S. 39:562, which authorizes school districts to incur bonded indebtedness for the construction or improvement of school facilities, is an unconstitutional local and special law because, as amended by Act 103 of 1980, it provides a different bonded indebtedness limitation for school districts within DeSoto Parish and three other designated parishes (35%) than it does for all other school districts throughout the state (25%). Plaintiffs further contend that because the election was conducted pursuant to the authority of an unconstitutional statute, the results of that election should be overturned and the DeSoto school districts should be enjoined from incurring any bonded indebtedness.

Prior to its amendment by Act 103 in 1980, La.R.S. 39:562(C) provided that the maximum bonded indebtedness which may be incurred by any school district in the state is 35 percent of the assessed valuation of taxable property in each district. For reasons which are not entirely clear, the Legislature also specifically provided in R.S. 39:562(D) that the 35 percent limitation (made generally applicable to school districts throughout the state by Paragraph (C) of the same statute) was also applicable to school districts within DeSoto Parish and three other parishes.

Act 103 of 1980 amended R.S. 39:562(C) by lowering the bonded indebtedness limitation for school districts statewide from 35 percent to 25 percent. However, 39:562(D)'s 35 percent limitation for school districts within DeSoto Parish and three other parishes was reenacted by the 1980 amendment.

We determine herein that the 1980 amendment to La.R.S. 39:562 (Act 103 of 1980) is unconstitutional, because that amendment effectively converted R.S. 39:562 into an impermissible local and special law when it reduced the bond limit for all school districts in the state from 35 *438 percent to twenty-five percent but at the same time reenacted the 35% limit for DeSoto Parish school districts.

However, our conclusion that Act 103 of 1980 is unconstitutional does not require us to overturn the DeSoto Parish election results or to enjoin the issuance of bonds by the school districts concerned. La.R.S. 39:562 remains in force as worded prior to the unconstitutional 1980 amendment, and continues to authorize all school districts in the state, including those in DeSoto, to issue bonds and incur indebtedness up to the 35% ceiling. Therefore, the DeSoto school districts involved may issue bonds as authorized by R.S. 39:562 prior to the 1980 amendment.

(I) FACTS AND PROCEEDINGS BELOW

In a general election held October 24, 1987, two propositions involving schools were presented to the voters of DeSoto Parish. Proposition one sought voter approval for a parishwide ad valorem property tax, the proceeds of which would be used for the purpose of maintaining and operating school facilities throughout the parish. Proposition two sought voter approval for the issuance of bonds in school districts 1, 2, 4 and 5 of DeSoto Parish, for the purpose of contructing new schools and renovating existing ones.

Proposition one, the ad valorem property tax, passed parishwide. Proposition two, providing for the issuance of bonds, was approved in school districts 4 and 5, and disapproved in school districts one and two.

Plaintiffs instituted the present litigation by filing two separate actions against the DeSoto Parish School Board. In suit no. 47,714, entitled "Petition to Contest Election," the plaintiffs alleged that the ad valorem tax authorized by proposition one was illegal because of substantial irregularities in the election process. Among other matters, the plaintiffs alleged that members of the school board who supported the tax failed to disclose that they personally paid for advertisements in support of the proposition, that such advertisements were deceptive, that the official publications of the school board misrepresented the nature of the election and that the school board violated open meeting laws when it proposed the tax. Plaintiffs later amended their petition in this suit to allege that R.S. 39:562(D) & (F) are unconstitutional local and special laws. The relief requested by the plaintiffs in this lawsuit was a court order annulling the results of the election, with respect to both propositions one and two.

In suit no. 47,716, entitled "Motion for Judgment," plaintiffs limited their attack to proposition number two. They alleged that R.S. 39:562(D) & (F) are unconstitutional local and special laws, and that proposition two was illegal because it authorized the issuance of bonds pursuant to those unconstitutional statutory provisions. Plaintiffs also prayed for an injunction prohibiting the issuance of any such bonds.

The two suits were consolidated for trial. The school board filed an exception of no cause of action which primarily addressed plaintiffs' allegations that the election should be overturned because of procedural irregularities and the actions of individual school board members. On February 2, 1988, the trial judge sustained the defendant's exception of no cause of action as to all issues in the case except for the constitutionality of R.S. 39:562(D) & (F), and the effect that any finding of unconstitutionality might have on the election, issues on which the trial judge deferred rulings until after trial on the merits. This judgment (partially sustaining the defendant's exception of no cause of action) has not been appealed.

After trial of the remaining issues on the merits, the district court issued a second judgment on April 12, 1988, declaring that R.S. 39:562(D) & (F) are not unconstitutional. The court of appeal reversed, being of the view that R.S. 39:562(D) & (F) (the sections of the statute which authorize a 35% debt limit for DeSoto school districts) constitute "an indirect enactment of a special or local law by the partial repeal or suspension of the general law in direct contravention of LSA-Const. Art. 3, § 12(B)." Concerned Business and Property *439 Owners of DeSoto, Inc. v. DeSoto Parish School Bd., 528 So.2d 567, 572 (La. App. 2nd Cir.1988). The court of appeal, finding the statute partially unconstitutional, declined to invalidate the election. Instead, it held that the offending sections (Paragraphs D & F) are severable from the remainder of the statute. Consequently, the court of appeal determined that the two DeSoto Parish school districts involved may incur bonded indebtedness up to the general 25 percent level allowed by Paragraph C of the statute.

We now consider the school board's appeal from the court of appeal's judgment.[2]

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531 So. 2d 436, 1988 La. LEXIS 1487, 1988 WL 71699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/concerned-bus-prop-owners-of-desoto-inc-v-desoto-parish-school-bd-la-1988.