Hilton Hotels Corp. v. Parish of Jefferson

247 So. 2d 843, 258 La. 709, 1971 La. LEXIS 4221
CourtSupreme Court of Louisiana
DecidedMay 14, 1971
DocketNo. 51254
StatusPublished
Cited by2 cases

This text of 247 So. 2d 843 (Hilton Hotels Corp. v. Parish of Jefferson) 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
Hilton Hotels Corp. v. Parish of Jefferson, 247 So. 2d 843, 258 La. 709, 1971 La. LEXIS 4221 (La. 1971).

Opinion

BARHAM, Justice.-

This is an appeal from the district court judgment in a concursus proceeding for declaratory judgment filed by Hilton Hotels Corporation. The judgment declared that Ordinance No. 9595 of the Parish of Jefferson was unconstitutional and of no legal effect, and that Hilton and all taxpayers similarly situated should pay to the Collector of Revenue for the State of Louisiana the 41^ per cent hotel-motel occupancy tax. The suit was filed against Jefferson Parish, the Sheriff and the Director of Finance of that parish, the Louisiana Stadium and Exposition District, the Collector of Revenue, and the Attorney General for the State of Louisiana, seeking a determination of the proper party to whom it should make payment of the hotel-motel occupancy tax, which was claimed by both the District and the Parish of Jefferson. Other parties similarly situated to Hilton intervened in the proceedings.

After answers were filed by the various defendants, the District filed a motion for summary judgment in the matter. A hearing was held, and judgment was rendered in favor of the District. The Parish of Jefferson took an appeal to this court under Article VII, Section 10(2), of the Louisiana Constitution.

The proposed constitutional amendment creating the Louisiana Stadium and Exposition District was adopted as Act No. 556 of 1966 by the Legislature and approved by a majority of the voters of the state, becoming Section 47 of Article XIV of the Louisiana Constitution. Pursuant to that amendment a Board of Commissioners for the District was appointed to commence development, financing, and construction of the domed stadium in the New Orleans area. Numerous suits were filed concerning the activities of the District. Arata v. Louisiana Stadium and Exposition District, 254 La. 579, 225 So.2d 362 (1969), and appealed sub nomine Schwegmann v. Louisiana Stadium and Exposition District, 396 U.S. 279, 90 S.Ct. 569, 24 L.Ed.2d 467 (1970); Watermeier v. Louisiana Stadium and Exposition District, 308 F.Supp. 273 (E.D.La.1970), affirmed 398 U.S. 955, 90 S.Ct. 2172, 26 L.Ed.2d 539 (1970); Watermeier v. Louisiana Stadium and Exposition District, 235 So.2d 114 (La.App.4th Cir. 1970), writs ref. 256 La. 245, 236 So.2d 28 (1970).

Under Subsection (M) of Article XIV, Section 47, the District was authorized to levy and collect a tax upon the occupancy of rooms of hotels and motels situated in the Parishes of Jefferson and Orleans which compose the District. In the event that the tax was imposed, the 2 per cent state sales and use tax on hotel fees, as well as certain local sales and use taxes, was to be abated. Prior approval by the two parishes of the latter exemptions was [713]*713required. Approval of the exemption was given by the Council of the City of New Orleans on June 15, 1967, and July 20, 1967, with the adoption of Ordinances Nos. 3596 MCS and 3608 MCS and by the Jefferson Parish Council in Ordinance No. 8318 passed on June 15, 1967. The Hotel Occupancy Tax Ordinance was then passed by the District on June 27, 1967, to become effective from and after August 1, 1967.

On March 12, 1970, the Jefferson Parish Council adopted Ordinance No. 9574. It stated that the Council felt that the financial structure of the area would be better served by the construction of the new Mississippi River Bridge, and that since steps had not been taken to move forward with that project, the dedication of the hotel-motel tax for the benefit of the domed stadium was rescinded “until positive action in reference to the location of the Mississippi River Bridge is assured”.

By Ordinance No. 9595 the Jefferson Parish Council, on April 2, 1970, revoked, rescinded, cancelled, and set aside its Ordinance No. 8318 which had granted consent for the tax exemption. On that same day the Council passed Resolution No. 16008 directing the Sheriff and the Finance Director of the parish to collect all state sales and use taxes on hotels and motels, as well as other local taxes, and to retain the appropriate funds in an escrow account to be known as “Jefferson Parish Louisiana Stadium and Exposition District Account”. Two other resolutions were adopted by the Council. Resolution No. 16074 passed on April 9, 1970, authorized publication of the action taken by the Council in revoking its consent and recognized the collection of the tax by the proper parish officials. On April 30, 1970, by Resolution No. 16186 the Council authorized the filing of a suit by the parish to enjoin the District from selling bonds.

Subsequently, Hilton and the various intervenors similarly situated were notified by parish officials that the tax was to be paid to the parish. State officials also demanded that the tax funds be paid to the state. Not knowing which agency was legally entitled to the funds, Hilton filed this suit.

The Parish of Jefferson argues that under its home rule charter it is authorized to adopt and rescind ordinances, that its action in this instance conforms to that authorization, and that the constitutional amendment specifically recognized this authority in Subsections (M) and (O). It contends that the repeal of Ordinance No. 8318 by Oi'dinances Nos. 9574 and 9595 not only revoked the authorization for the collection of the tax by the District but also dissolved the District by the withdrawal of the parish from that body.

It is apparent that there is no authority vested in the Parish of Jefferson to dissolve the District, which was created by [715]*715constitutional amendment and became a body politic and political subdivision of the State. La.Const. Art. XIV, Sec. 47(A); Arata v. Louisiana Stadium and Exposition District, supra; Watermeier v. Louisiana Stadium and Exposition District, supra.

Subsection (M) provides that the Louisiana Stadium and Exposition District is authorized to- levy and collect a 4Yi per cent tax (later to be reduced to 4 per cent) on the rent or fee for occupancy of hotel rooms within the District, and that the tax shall be imposed by ordinance adopted by the District’s Board of Commissioners. It provides also for the abatement of state and local sales and use taxes on hotel fees. The fourth paragraph of this subsection reads:

“The aforesaid ordinance imposing the hotel occupancy tax may not be adopted by the Board of Commissioners of the District unless prior thereto the City of New Orleans and the Parish of Jefferson each adopt, in the manner provided for the adoption of ordinances in their respective charters, ordinances consenting to the exemption above provided from their own respective sales and use taxes of hotel room rentals and fees subject to the hotel occupancy tax herein authorized.”

A prerequisite to the District’s compliance with the proviso of Subsection (M) that “the District shall impose the tax by .ordinance adopted by its Board of Commissioners” was the consent of the City of New Orleans and the Parish of Jefferson to the abatement of sales and use taxes on hotel rentals and fees which were then in effect. In compliance with the constitutional provision, the Jefferson Parish Council passed Ordinance No. 8318 which abated and exempted “those local sales and use taxes described in Section 47, Article XIV of the Louisiana Constitution, * * * the purpose and intent of this ordinance being to allow the imposition, by the Louisiana Stadium and Exposition District, of the taxes authorized therein".

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Bluebook (online)
247 So. 2d 843, 258 La. 709, 1971 La. LEXIS 4221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hilton-hotels-corp-v-parish-of-jefferson-la-1971.