Hall v. Rosteet

169 So. 2d 903, 247 La. 45
Supreme Court of Louisiana·Decided December 14, 1964·No. 47524·Published·Cited by 32 cases

Opinion

169 So.2d 903 (1964)
247 La. 45

Thomas W. HALL
v.
J. W. (Bill) ROSTEET, in his capacity as President of the Police Jury of Calcasieu Parish, Louisiana.

No. 47524.

Supreme Court of Louisiana.

December 14, 1964.

*904 Frank T. Salter, Jr., Dist. Atty., Henry L. Yelverton, Asst. Dist. Atty., for appellant.

John R. Stewart, Lake Charles, amicus curiae.

Larry A. Roach, Lloyd E. Hennigan, Jr., Philip J. Shaheen, Jr., Lake Charles, for appellee.

McCALEB, Justice.

This suit, seeking injunctive relief, was instituted by a property taxpayer of Calcasieu Parish to have J. W. Rosteet, acting in his capacity of President of the Police Jury of said parish, restrained from executing a lease to Louisiana Flyers, Inc., of the airfield located at Lake Charles, Louisiana, formerly known as Chennault Field.

After a hearing, the district judge granted a permanent injunction as prayed for and the defendant then appealed to the Court of Appeal, Third Circuit. The judges of that court, being closely divided as to the proper construction to be given to certain claimed conflicting statutory provisions and jurisprudential expressions, certified three questions of law for instructions from this Court to enable them to reach the correct decision in the matter.

Since answers to the certified questions (or, perhaps, one of them) will fully dispose of the issue, we think it expedient, instead of remanding the matter to the Court of Appeal for decision, to exercise the privilege accorded this Court by Section 25 of Article 7 of the Constitution to consider and determine the case as though it had been directly appealed here. See Louisiana Wholesale Distributors Ass'n v. Rosenzweig, 214 La. 1, 36 So. 2d 403; Burton v. Lester, 227 La. 347. 79 So.2d 333 and other cases.

The Court of Appeal in its per curiam of certification has set forth the facts and the legal issues of the case with sparkling clarity. Hence, we herewith reinscribe much of that court's statement so that the legal questions presented may be appropriately answered:

"For a considerable period of time, the Calcasieu Police Jury, has operated an airport adjacent to Chennault Air Force Base. In connection therewith, the Police Jury has on several occasions granted leases, after private negotiation, to persons that have conducted various activities connected with flying.
"In 1962, the Police Jury, pursuant to LSA-R.S. 2:601 et seq., created an Airport Authority for the purpose of managing the new Lake Charles Municipal Airport, which was constructed to induce the United States to declare Chennault a permanent installation. Since that time, Chennault has been declared unnecessary, and the Calcasieu Parish Police Jury has two airports.
"Although the area subject to the jurisdiction of the Airport Authority includes the old airport, it has never exercised any powers over the old airport, and the police jury has continued over the years to lease facilities at it without advertising and competitive bids.
*905 "Louisiana Flyers, Inc., primarily engaged in the business of agricultural aircraft service, has been operating from the `old airport', under a year-to-year lease arrangement from the Calcasieu Police Jury, for the past seventeen and one-half years. In August of 1964, Louisiana Flyers, Inc., desiring a more permanent arrangement, began negotiations for a new lease. The Police Jury offered to lease to Louisiana Flyers, Inc. their desired facilities at the `old airport,' consisting of 50 acres of land and improvements, including hangars, thereon, for the initial sum of $20,000 and $50 per acre per year for a primary term of ten years and two five-year options.
"At this juncture, plaintiff, Thomas W. Hall, a resident landowner and taxpayer of Calcasieu Parish, brought suit against J. W. Rosteet, acting in the capacity of President of the Calcasieu Police Jury, seeking to enjoin him from executing the lease to Louisiana Flyers, Inc., on the grounds that, inter alia, (1) the Police Jury had divested itself of authority to grant such a lease by creating the Airport Authority, and (2) that the Police Jury did not comply with LSA-R.S. 41:1211-41:1217, requiring advertisement and competitive bidding, in granting the proposed lease. * * *".
* * * * * *
"The principal question of law * * concerns the potential application in whole or in part of either or both of two statutes concerning the leasing of public lands, which contain provisions conflicting to some extent.
"On the one hand, plaintiff contends and the trial court held that applicable are the provisions LSA-R.S. 41:1211 et seq., regulating generally the leasing of public lands, insofar as these provisions require competitive bidding. On the other hand, the defendant police jury contends that the Uniform Airports Law, LSA-R.S. 2:131 et seq., exclusively governs the leasing of lands for airport or landing field purposes, which statute authorizes such leasing but is silent about any competitive bidding requirements; and that LSA-R.S. 41:1211 et seq. does not apply to leases such as the present.
"The general statute provides for leasing of public lands only after written application, advertisement, and competitive bidding, providing a detailed procedure for the execution of such leases. LSA-R.S. 41:1213-1215. The provisions are applicable to the general authority granted to any political subdivision through its governing body to `lease for trapping, grazing, hunting, agricultural, and (sic[1]) any other legitimate purposes whatsoever, other than for oil, gas, or other mineral purposes and development, any lands of which the lessor [i. e., the public body] has title, custody, or possession * * *'.
"Possibly pertinent restrictions on the general leasing power are that no lease shall cover a larger area than six hundred and forty acres, LSA-R.S. 41:1216, and that no lease shall be for a term more than ten years or with a rental of less than twenty-five cents per acre, `provided, however, that any person who leases such land and who within the ten-year term of the lease adds or contracts for permanent improvements to the land in the amount of not less than fifteen thousand dollars may, upon written notification to the lessor and upon a proper showing that such improvements have in fact been made or contracted for, lease such land for an additional period of not more than ten years * * *', LSA-R.S. 41:1217A, subd. A. (It is specially provided that *906 these ten-year term and minimum rental provisions `shall not apply to any school district', LSA-R.S. 41:1217, subd. C.) It is further provided by LSA-R.S. 41:1220 that: `It shall be unlawful for anyone to knowingly trespass upon the leased lands and thereon to trap, hunt, graze stock or engage in other agricultural pursuits * * *'.
"On the other hand, the Uniform Airports Law simply provides that local authorities which establish airports or landing fields or which set apart real property for such purposes may, LSA-R.S. 2:135(3): `(3) Lease for a term not exceeding twenty-five years such airports or landing fields to private parties for operation, or lease or assign for a term not exceeding twenty-five years to private parties for operation space, area, improvements, and equipment on such

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Hall v. Rosteet, 169 So. 2d 903, 247 La. 45 (La. 1964).

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