Guillory v. Calcasieu Parish Police Jury

410 So. 2d 1213, 1982 La. App. LEXIS 6755
CourtLouisiana Court of Appeal
DecidedFebruary 3, 1982
Docket8648
StatusPublished
Cited by10 cases

This text of 410 So. 2d 1213 (Guillory v. Calcasieu 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
Guillory v. Calcasieu Parish Police Jury, 410 So. 2d 1213, 1982 La. App. LEXIS 6755 (La. Ct. App. 1982).

Opinion

410 So.2d 1213 (1982)

Dallas P. GUILLORY, et al., Plaintiffs-Appellants,
v.
CALCASIEU PARISH POLICE JURY, Defendant-Appellee.

No. 8648.

Court of Appeal of Louisiana, Third Circuit.

February 3, 1982.

*1214 Hunt, Godwin, Painter & Roddy, John S. Hood, Lake Charles, for plaintiffs-appellants.

Gregory W. Belfour, Lake Charles, for defendant-appellee.

Before GUIDRY, SWIFT and STOKER, JJ.

STOKER, Judge.

This is a suit by Dallas P. Guillory and Harry Guillory[1] against the Calcasieu Parish Police Jury for breach of a contract of lease of land located in Calcasieu Parish for use as a waste disposal area. The primary issue in the case is whether the Calcasieu Parish Police Jury (Police Jury) was bound by a provision contained in Paragraph 4 of the contract which required the Police Jury to fill the land to the level of the Old Town Road road bed with at least two feet of dirt above the trash.

The contract was entered into on April 4, 1974. Rent was paid for a certain period and the leased area was used to some extent. The petition alleges that the defendant Police Jury discontinued its operation of the fill area prior to April 1, 1976, and failed to pay the annual rent due on April 3, 1977. Plaintiffs claim damages in the amount of $638,880.00.[2] The trial court rejected plaintiffs' demands and they have appealed.

*1215 The evidence reveals and the trial court apparently found that the lease contract was initially drafted in the Police Jury's administrative office. Plaintiffs' attorney prepared the controversial Paragraph 4 of the contract and plaintiffs requested its inclusion. This was apparently done without the knowledge of the Police Jury. There is also some confusion resulting from the fact that the lease contract may have been signed at a later date than that indicated on the contract.

On April 3, 1974, the Police Jury approved the bare proposition to lease approximately seventeen acres from Lake Charles Auto Salvage at $20.00 per acre "for use at the Highway 171 dump". The trial court found that nothing was done toward execution of a written lease or payment of rental until early April 1976. Although the lease is dated April 4, 1974, the trial court found the lease was probably executed on April 6, 1976, and a check for the rental for three years amounting to $720.00 was issued by the Parish Treasurer on that date. Nevertheless, the lease was signed on behalf of the Police Jury by Mr. Gene Whittler who had been president of the Police Jury in 1974 although he was not president on April 6, 1976.

Plaintiff-appellants have set forth the following contentions in support of the validity and binding nature of Paragraph 4 of the contract of lease and as grounds for reversal of the trial court:

1. Judicial Confession. Plaintiffs' petition alleged the existence of the contract and its obligations. The defendant answered the petition and admitted the allegations concerning the contract; plaintiffs contend defendant is therefore bound under LSA-C.C. art. 2291 through judicial confession. Plaintiffs also contend the trial court erred in later permitting the Police Jury to amend the answer to set the terms of the contract at issue.

2. Defendant Drafted the Contract. Plaintiffs contend that the entire contract was drafted by the Police Jury and therefore any ambiguities in the contract should be construed against it.

3. Estoppel Against Public Bodies. Plaintiffs contend that estoppel runs against public bodies. Plaintiffs further contend that the Police Jury led them to believe that the contract signed would be adhered to.

4. Acceptance of Benefits by the Police Jury. For a certain period the Police Jury accepted the benefits of the lease contract and used the land. Hence, plaintiffs contend defendant may not thereafter void and default on the contract.

5. Admissibility of Parol Evidence. Plaintiffs urge that the trial court erred in admitting evidence to vary and contradict the terms of the contract.

6. Apparent Authority. Plaintiffs invoke this doctrine to support the validity of the contract on the ground that the Police Jury official who signed it and the Parish Administrative Office personnel who prepared the contract had apparent authority to act for the defendant.

7. Payment of Rental as Estoppel. Plaintiffs contend that by paying the annual rental of $240.00 per year for the first three years of the life of the contract, the defendant was then estopped from repudiating the contract.

8. Failure of Notice of Cancellation. The contract provided that either party might cancel the lease on sixty days written notice. The Police Jury never gave the proper notice for cancellation of the contract.

9. Best Evidence Rule. The lease contract is the best evidence of its provisions.

10. Damages. Primarily plaintiffs seek to have the Police Jury ordered to resume operations at the waste disposal site. In the alternative, if such an order is not granted, the plaintiffs seek damages.

TRIAL COURT'S REASONS FOR JUDGMENT

The trial court gave full, well reasoned reasons for its judgment. After carefully considering the facts as disclosed by the record and the arguments of counsel, *1216 we consider that the trial court was correct in its findings of fact, and we adopt its reasons for judgment as our own. We set forth those reasons in full:

"On September 27, 1976 the Calcasieu Parish operated trash and waste disposal site on U. S. Highway 171, north of the City of Lake Charles was closed. The landowners, Dallas P. Guillory and Harry Guillory have filed this lawsuit seeking $733,120.00[3] in damages, together with interest and costs, as a result of the closure. Plaintiffs allege they entered into a written lease with the defendant, the Calcasieu Parish Police Jury and because of a breach of the lease, plaintiffs have been damaged.
"From the evidence it is clear that sometime in 1970 the Police Jury started a trash and garbage dump on old U. S. Highway 171 without written authority of the landowners but with their oral consent. The site was low swampland subject to overflow. The plaintiffs acquired adjacent lands and on a neighboring tract conducted a used auto parts and salvage business. Plaintiffs operated this business under the trade name of Lake Charles Auto Salvage, Inc. although no such entity had ever been created.
"On May 25, 1974 the Road and Bridge Committee recommended to the Police Jury `that it be approved to lease approximately seventeen (17) acres of land from Lake Charles Auto Salvage, at $20.00 per month for use at the Highway 171 dump.' This recommendation was approved by the Police Jury on April 3, 1974. Nothing more was done regarding execution of a written lease or payment of the rental until early April of 1976. At that time Mr. Dallas P. Guillory secured a typed copy of the property description from his attorney and brought it to Mr. Arthur Darnstead, Jr. who at that time was administrative assistant to the Parish Administrator and Engineer. Mr. Darnstead then prepared a written lease agreement. Mr. Guillory took a copy thereof to his attorney. His attorney reviewed the lease and drafted an additional provision which became Paragraph 4 of the executed lease.[4] Mr. Guillory then brought the papers back to Mr. Darnstead who caused the instrument to be re-typed so as to include the additional provision as Paragraph 4. The lease was then signed by Mr.

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Bluebook (online)
410 So. 2d 1213, 1982 La. App. LEXIS 6755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guillory-v-calcasieu-parish-police-jury-lactapp-1982.