Jones v. Williams

902 So. 2d 1154, 2005 La. App. LEXIS 1229, 2005 WL 1109536
Louisiana Court of Appeal·Decided May 11, 2005·No. No. 39,629-CA·Published

Opinion

JjLOLLEY, J.

Charles R. Jones appeals the judgment of the Civil District Court for the Parish of Orleans, State of Louisiana granting the motion for partial summary judgment in favor of Erroll G. Williams, Assessor for the Third Municipal District, City of New Orleans (the “Assessor”).

Facts

As stated, this lawsuit was originally filed by Jones in the Civil District Court for the Parish of Orleans, State of Louisiana. It is being considered by this court instead of the Fourth Circuit Court of Appeal, because Jones is a judge for that circuit and all of the other Fourth Circuit judges recused themselves from the matter. Defendants to Jones’ lawsuit were the Assessor and the City of New Orleans, Bureau of the Treasury (the “City”).

At issue in this case is the homestead exemption on property owned by Jones at 2522-24 O’Reilly Street in New Orleans, Louisiana (the “O’Reilly Street house”). Jones purchased the property in 1979 as sole owner and remains sole owner through the present. Upon purchasing the O’Reilly Street house, he applied for and received a homestead exemption on the property. In 1991, Jones married Charlee R. Jones. The couple entered into a prenuptial agreement prior to their marriage wherein they adopted a separate property regime. That agreement provided, in pertinent part:

I.
The said Intended Husband and Intended Wife shall be and remain separate in property. Accordingly, they do hereby formally renounce those provisions of the Louisiana Revised Civil |2Code which establishes a community of acquets and gains between intended husbands and intended wives, as those provisions are now written or may be hereafter amended.
II.
The said Intended Husband and Intended Wife declare and agree that any and all property and effects of the said intended Husband and intended Wife, whether owned by him or her at the time of the celebration of said intended marriage, or acquired during said mar[1156] riage, are hereby declared to be separate property and they and each of them do hereby expressly reserve, to themselves individually the entire and complete administration of their respective particular movable and immovable property, and the respective-free enjoyment •of revenues of their separate estates.

After 1991 when he married Charlee, Jones continued to apply for and receive a homestead exemption on the O’Reilly Street house. Charlee also applied for and received a homestead exemption on her house, located at 4519 Bancroft Drive in New Orleans (the “Bancroft Drive house”). In November, 2002, the Assessor notified Jones that the homestead' exemption on the O’Reilly Street house was being revoked retroactive to 2001, due to the Assessor’s belief that Jones lived at the Bancroft Drive house. Jones replied to the Assessor expressing his disagreement to the revocation; however, the revocation was made nonetheless. The taxes on the property were paid under protest, and Jones filed this lawsuit in the trial court.

Both Jones and the Assessor filed motions for partial summary judgment on the issue of Jones’ entitlement to a homestead exemption on the O’Reilly Street house.1 The trial court granted the Assessor’s motion and denied Jones’. The trial court certified the judgment as a final judgment under La. C.C.P. art. 1915, and this appeal ensued.2

^Discussion

On appeal, Jones raises only one issue— that being, whether La. Const, art. VII § 20(A) allows each spouse in a marriage that is subject to a separate regime to claim a homestead exemption on separate property owned by that spouse, if both spouses satisfy all other requirements for obtaining a homestead exemption.

Summary Judgment

When considering a disposition on summary judgment, appellate courts review such de novo, i.e., under the same criteria that governed the district court’s consideration of whether summary judgment was appropriate. Costello v. Hardy, 2003-1146 (La.01/21/04), 864 So.2d 129. The summary judgment procedure is designed to secure the just, speedy, and inexpensive determination of actions. La. C.C.P. art. 966(A)(2). A court must grant a motion for summary judgment “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law.” La. C.C.P. art. 966(B). Summary judgment procedure is now favored under our law. La. C.C.P. art. 966(A)(2).

The Homestead Exemption

In a close tie with L.S.U. football, the homestead exemption has long-been the sacred cow of Louisiana. In 1934, during the throes of the Great Depression and in the midst of the Huey P. Long era, state ■leaders expanded the homestead exemption to protect families from municipal taxing authorities.3 Louisiana was one of [1157] fourteen states to offer a homestead exemption as relief to citizens reeling from the effects of the depression. As explained by former Louisiana State University Law School Professor Charles A. Rey-nard, originally, the essential purpose of the plan was to Loffer the small farmer and home owner relief in tax delinquency proceedings. See Charles A. Reynard, Louisiana Homestead Tax Exemption—An Unlitigated Constitutional Provision, 10 La. Law Rev. 405 (1950). This original plan slowly evolved in Louisiana’s statutory scheme, finally being “set in stone” in the 1974 Constitution and becoming the constitutionally protected homestead exemption Louisiana home-owners benefit from today.4

Here, Jones argues that the Louisiana Constitution does not prohibit him from taking a homestead exemption on his separately owned O’Reilly Street house, while his wife takes a homestead exemption for her separately owned house. Jones maintains that following his marriage to Charlee and up to the present, he has resided “at times” at the Bancroft Drive house and “at other times” at the O’Reilly Street house. Jones also argues that he “regularly occupies” the O’Reilly Street house on a daily basis, and he “receives and returns telephone calls there, eats there, and attends to other personal matters” at that house. Moreover, Jones claims that his mother and two of his siblings live in the house rent-free, with Jones paying the utilities.

However, the record also shows that on various legal documents, Jones is shown as residing at the Bancroft Drive house. There is also reference in the record that his driver’s license lists the Bancroft Drive house as his residence. Finally, whereas the prenuptial agreement referred to a matrimonial home, neither house was designated as such therein.

At the time the Assessor revoked Jones’ homestead exemption, La. Const. Art. VII, § 20(A), stated in pertinent part:

Free access — add to your briefcase to read the full text and ask questions with AI

Jones v. Williams, 902 So. 2d 1154, 2005 La. App. LEXIS 1229, 2005 WL 1109536 (La. Ct. App. 2005).

902 So. 2d 1154 (Jones v. Williams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Zapata Haynie Corp. v. Larpenter
583 So. 2d 867 (Louisiana Court of Appeal, 1991)
Costello v. Hardy
864 So. 2d 129 (Supreme Court of Louisiana, 2004)
Aguillard v. Treen
440 So. 2d 704 (Supreme Court of Louisiana, 1983)
Theriot v. Midland Risk Ins. Co.
694 So. 2d 184 (Supreme Court of Louisiana, 1997)
State v. EXPUNGED RECORD NO. 249,044
881 So. 2d 104 (Supreme Court of Louisiana, 2004)
Hebert v. Mayer
20 So. 170 (Supreme Court of Louisiana, 1896)
Metairie Country Club v. Louisiana Tax Commission
860 So. 2d 165 (Louisiana Court of Appeal, 2003)