Jackson v. VIDALIA RIVERFRONT DEVEL. DIST.

982 So. 2d 346, 2008 WL 1959133
CourtLouisiana Court of Appeal
DecidedMay 7, 2008
Docket2007-1569
StatusPublished

This text of 982 So. 2d 346 (Jackson v. VIDALIA RIVERFRONT DEVEL. DIST.) 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
Jackson v. VIDALIA RIVERFRONT DEVEL. DIST., 982 So. 2d 346, 2008 WL 1959133 (La. Ct. App. 2008).

Opinion

982 So.2d 346 (2008)

Virgil F. JACKSON, Jr. and VFJ Jackson Enterprises
v.
VIDALIA RIVERFRONT DEVELOPMENT DISTRICT, et al.

No. 2007-1569.

Court of Appeal of Louisiana, Third Circuit.

May 7, 2008.

*347 Brent S. Gore, Attorney at Law, Ferriday, LA, for Plaintiffs-Appellants: Virgil F. Jackson, Jr. and VFJ Jackson Enterprises.

Joseph R. Ward, Jr., Ward & Condrey, LLC, Covington, LA, for Plaintiffs-Appellants: Virgil F. Jackson, Jr. and VFJ Jackson Enterprises.

Jack H. McLemore, Jr., Attorney at Law, Vidalia, LA, for Defendant-Appellee: The Town of Vidalia.

Charles L. Patin, Jr., Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, LLP, Baton Rouge, LA, for Defendants-Appellees: Vidalia Riverfront Development District and Vidalia Riverfront Authority.

Court composed of MARC T. AMY, BILLY HOWARD EZELL, and J. DAVID PAINTER, JJ.

PAINTER, Judge.

Plaintiffs, Virgil F. Jackson, Jr. and VFJ Jackson Enterprises, Inc. ("Jackson"), filed a petition for declaratory judgment, preliminary injunction, and permanent injunction against Vidalia Riverfront Development District ("the District"), Vidalia Riverfront Authority ("the Authority"), and the Town of Vidalia ("Vidalia") relative to the levy and collection of a six percent (6%) hotel occupancy tax. Jackson sought to have Defendants enjoined from the levy and collection of the tax. Jackson also sought to have the amendment to La.R.S. 33:4709.1, which allowed for the levy of the tax, declared unconstitutional or, in the alternative, a declaration that the tax could be levied and collected only upon a majority vote of electors residing within the District in a proposition election on whether a sales and use tax on hotel occupancy ought to levied for the operation and maintenance of a convention center for Vidalia. The trial court denied Plaintiffs' request for a permanent injunction, found the amendment constitutional, and declined to enter any declaratory judgment as prayed for by Plaintiffs. Plaintiffs now appeal. For the following reasons, we affirm the judgment of the trial court.

*348 FACTUAL AND PROCEDURAL BACKGROUND

Jackson is the owner and operator of a hotel operated under the Comfort Suites trade name located in the Vidalia Riverfront Development District. Jackson and the District entered into a ninety-nine year lease for the land on which the hotel was built. The 102 key hotel, which includes a full service restaurant and lounge, opened to the public in October of 2002.

The Louisiana Legislature enacted Act 54 of 2007, which amended La.R.S. 33:4709.1(A) and (B) and enacted La.R.S. 33:4709.1(J) to provide as follows:

A. (1) There is hereby created a special municipal district in the town of Vidalia, hereafter referred to as the "town", to be known as the Vidalia Riverfront Development District, hereafter referred to as the "district". Such district shall be a body politic and corporate, shall be an instrumentality of the town of Vidalia, and shall be a political subdivision of the state of Louisiana. The district, through the authority, may levy a hotel occupancy tax in the district to provide funds for a convention center in the town as provided in Subsection J of this Section and as otherwise provided by law. The district and the authority shall have no power to levy any other tax.
(2) The district shall be composed of all the territory contained in the tract described as follows:
From the most westerly corner of Block 96 of the city of Vidalia, as shown by map recorded in Conveyance Book NN, page 275 of the records of Concordia Parish, Louisiana, go N 84° 23' 02"' E for 2,089.92 feet to the point of beginning, being the most northerly corner of within described tract, also being on the westerly boundary of H.D. Jenkins 3.8 acre, more or less, tract of a portion of River Side Place. Thence from said point of beginning, go S 52° 13' 21"' W for 4,862.97 feet to the southeasterly boundary of Tract 3-D (8.62 acres) of the division of portion of the property of the Missouri Pacific Railroad Company in March, 1987; thence go along the boundary of said tract 3-D N 36° 29' 51" W for 110.42 feet to the most northerly corner of same; thence go S 52° 13' W along the northwesterly boundary of said Tract 3-D and extension thereof for 4,079.21 feet to a point on the northerly boundary of Bunge Corp. 17.3 acre tract; thence go along the boundary of said Bunge Corp. property N 75° 32' E for 149.59 feet and S 16° 31' E for 866 feet more or less, to the mean low water of the Mississippi River; thence in a general northeasterly direction along said mean low water of the Mississippi River upstream for 9,028 feet more or less to the southeast corner of H.D. Jenkins 3.8 acre, more or less, tract of a portion of Riverside Place; thence go along the boundary of said 3.8 acre, more or less, tract N 55° 05' W for 310.00 feet, N 01° 20' W for 315.00 feet and N 04° 55' E for 37.28 feet to the point of beginning. Within described tract contains 154 acres, more or less situated in the city of Vidalia between the main line Mississippi River levee and the Mississippi River in portion of Sections 11, 12, 13, 14, 15, and 49, T7N-R10E, Concordia Parish, Louisiana.
B. (1) The primary purposes of the district shall be to provide for the development of property within the district for recreation and tourism purposes while also providing the opportunity for cultural events and the preservation and recognition of the area as a significant historical site, being the original site of the town of Vidalia which was moved in 1939 because of the changing channel of *349 the Mississippi River. In accordance with the provisions of this Section and subject to the approval of the governing authority of the town, the governing authority of the district shall have and may exercise all powers necessary or convenient for the carrying out of such purposes, including control of design, construction, and usage of facilities within the district and the negotiation of contracts with private entities for lease or conveyance of property within the district.
(2) The district shall also have the purpose of providing funding for a convention center in the town as provided in Subsection J of this Section, including but not limited to acquisition, construction, equipment, operation, maintenance, and support and other related costs of such a convention center.
. . . .
J. (1) The district, through the authority, may levy and collect a tax upon the occupancy of hotel rooms, motel rooms, and overnight camping facilities within the district. Such tax shall not exceed six percent of the rent or fee charged for such occupancy.
(2) The word "hotel" as used in this Section shall mean and include any establishment, either public or private, engaged in the business of furnishing or providing rooms and overnight camping facilities intended or designed for dwelling, lodging, or sleeping purposes to transient guests when such establishment consists of two or more guest rooms and does not encompass any hospital, convalescent or nursing home or sanitarium, or any hotel-like facility operated by or in connection with a hospital or medical clinic providing rooms exclusively for patients and their families.
(3) The hotel occupancy tax shall be paid by the person who exercises or is entitled to occupancy of the hotel room and shall be paid at the time the rent or fee for occupancy is paid.

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Bluebook (online)
982 So. 2d 346, 2008 WL 1959133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-vidalia-riverfront-devel-dist-lactapp-2008.