Laurel R. Brightwell, Hugo A. Holland, Jr., Richard M. Walford, III, James W. Graves, Don G. Bethel, Bert G. Moore, Terrence "Terry" Sullivan, II, John G. Griffin, Alfred D. Johnson, Jr., Robert W. Lare, Jr., Robert N. Burgess, George Carroll, Clarence "Chris" Erickson, III, Charles R. Laborde, J. Peyton Laborde, John R. Barnwell, Mark A. Roberts, David N. Austin, William P. Johnson, Mark Brunettin, Vincent D. Rice, Jr., Shreveport Airport Hangar Owners Association, Royal Wings Aviation, Inc., Just Plane Fun, LLC, Tex-Petro Services, LLC, Fitelands, LLC, Fite Properties, LLC, Moran Air, LLC, Teil Properties LLC, Kimair, LLC, Shreveport Flyers, LLC, Roberts Aviation, LLC and Horizon Aviation Land Company, LLC v. City of Shreveport and Jonathan Reynolds

CourtLouisiana Court of Appeal
DecidedFebruary 8, 2023
Docket54,824-CA
StatusPublished

This text of Laurel R. Brightwell, Hugo A. Holland, Jr., Richard M. Walford, III, James W. Graves, Don G. Bethel, Bert G. Moore, Terrence "Terry" Sullivan, II, John G. Griffin, Alfred D. Johnson, Jr., Robert W. Lare, Jr., Robert N. Burgess, George Carroll, Clarence "Chris" Erickson, III, Charles R. Laborde, J. Peyton Laborde, John R. Barnwell, Mark A. Roberts, David N. Austin, William P. Johnson, Mark Brunettin, Vincent D. Rice, Jr., Shreveport Airport Hangar Owners Association, Royal Wings Aviation, Inc., Just Plane Fun, LLC, Tex-Petro Services, LLC, Fitelands, LLC, Fite Properties, LLC, Moran Air, LLC, Teil Properties LLC, Kimair, LLC, Shreveport Flyers, LLC, Roberts Aviation, LLC and Horizon Aviation Land Company, LLC v. City of Shreveport and Jonathan Reynolds (Laurel R. Brightwell, Hugo A. Holland, Jr., Richard M. Walford, III, James W. Graves, Don G. Bethel, Bert G. Moore, Terrence "Terry" Sullivan, II, John G. Griffin, Alfred D. Johnson, Jr., Robert W. Lare, Jr., Robert N. Burgess, George Carroll, Clarence "Chris" Erickson, III, Charles R. Laborde, J. Peyton Laborde, John R. Barnwell, Mark A. Roberts, David N. Austin, William P. Johnson, Mark Brunettin, Vincent D. Rice, Jr., Shreveport Airport Hangar Owners Association, Royal Wings Aviation, Inc., Just Plane Fun, LLC, Tex-Petro Services, LLC, Fitelands, LLC, Fite Properties, LLC, Moran Air, LLC, Teil Properties LLC, Kimair, LLC, Shreveport Flyers, LLC, Roberts Aviation, LLC and Horizon Aviation Land Company, LLC v. City of Shreveport and Jonathan Reynolds) 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
Laurel R. Brightwell, Hugo A. Holland, Jr., Richard M. Walford, III, James W. Graves, Don G. Bethel, Bert G. Moore, Terrence "Terry" Sullivan, II, John G. Griffin, Alfred D. Johnson, Jr., Robert W. Lare, Jr., Robert N. Burgess, George Carroll, Clarence "Chris" Erickson, III, Charles R. Laborde, J. Peyton Laborde, John R. Barnwell, Mark A. Roberts, David N. Austin, William P. Johnson, Mark Brunettin, Vincent D. Rice, Jr., Shreveport Airport Hangar Owners Association, Royal Wings Aviation, Inc., Just Plane Fun, LLC, Tex-Petro Services, LLC, Fitelands, LLC, Fite Properties, LLC, Moran Air, LLC, Teil Properties LLC, Kimair, LLC, Shreveport Flyers, LLC, Roberts Aviation, LLC and Horizon Aviation Land Company, LLC v. City of Shreveport and Jonathan Reynolds, (La. Ct. App. 2023).

Opinion

Judgment rendered February 8, 2023. Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.

No. 54,824-CA

COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA

*****

LAUREL R. BRIGHTWELL, HUGO Plaintiffs-Appellees A. HOLLAND, JR., RICHARD M. WALFORD, III, JAMES W. GRAVES, DON G. BETHEL, BERT G. MOORE, TERRENCE “TERRY” SULLIVAN, II, JOHN G. GRIFFIN, ALFRED D. JOHNSON, JR., ROBERT W. LARE, JR., ROBERT N. BURGESS, GEORGE CARROLL, CLARENCE “CHRIS” ERICKSON, III, CHARLES R. LABORDE, J. PEYTON LABORDE, JOHN R. BARNWELL, MARK A. ROBERTS, DAVID N. AUSTIN, WILLIAM P. JOHNSON, MARK BRUNETTIN, VINCENT D. RICE, JR., SHREVEPORT AIRPORT HANGAR OWNERS ASSOCIATION, ROYAL WINGS AVIATION, INC., JUST PLANE FUN, LLC, TEX-PETRO SERVICES, LLC, FITELANDS, LLC, FITE PROPERTIES, LLC, MORAN AIR, LLC, TEIL PROPERTIES LLC, KIMAIR, LLC, SHREVEPORT FLYERS, LLC, ROBERTS AVIATION, LLC AND HORIZON AVIATION LAND COMPANY, LLC

versus

CITY OF SHREVEPORT AND Defendants-Appellants JONATHAN REYNOLDS

***** Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial Court No. 622630

Honorable Ramon Lafitte, Judge

MAYER, SMITH & ROBERT, LLP Counsel for Appellants By: Deborah S. Baukman Marcus E. Edwards

HARPER LAW FIRM, APLC Counsel for Appellees By: Jerald R. Harper Anne E. Wilkes

Before STONE, STEPHENS, THOMPSON, JJ. STONE, J.

OVERVIEW

This civil case began, in the First Judicial District Court, the

Honorable Ramon Lafitte presiding, as an action to enforce Open Meetings

Law in response to the City’s procedurally improper reappointment and

confirmation of Jonathan Reynolds to the Shreveport Airport Authority

(“SAA”). The City of Shreveport (“the city”) and Jonathan Reynolds are the

defendants herein. Eventually, after much discovery and litigation, the city

cured the defect in Reynolds’ reappointment pursuant to a procedurally

proper City Council vote. The plaintiffs1 agreed that this mooted their action

as to the primary relief they requested, to wit: (1) a judgment declaring the

reappointment null; (2) an injunction against future procedurally defective

appointments; (3) an injunction against Jonathan Reynolds serving on the

SAA board. However, the plaintiffs’ claim for attorney fees was not

mooted. The trial court, after a hearing wherein documentary evidence was

submitted along with oral argument, granted the plaintiffs’ the full amount

of attorney fees requested – approximately $126,000. This was based on

roughly 620 hours billed: 216.05 hours billed by lead counsel Jerald Harper

at $295 per hour; 161.25 hours billed by junior counsel Anne E. Wilkes at

$225 per hour; and 243.3 hours billed by paralegal Toye Mosley at $100 per

hour.

1 Laurel R. Brightwell; Hugo A. Holland, Jr.; Richard M. Walford, III; James W. Graves; Don G. Bethel; Bert G. Moore; Terrence Sullivan, II; John G. Griffin; Alfred D. Johnson, Jr.; Robert W. Lare, Jr.; Robert N. Burgess; George Carroll; Clarence Erickson, III; Charles R. Laborde; J. Peyton Laborde; John R. Barnwell; Mark A. Roberts; David N. Austin; William P. Johnson; Mark Brunettin; Vincent D. Rice, Jr.; Shreveport Airport hangar owners Association; Royal Wings Aviation, Inc.; Just Plane Fun, LLC; Tex- Petro Services, LLC; Fitelands, LLC; Fite Properties, LLC; Moran Air, LLC; Teil Properties, LLC; Kimair, LLC; Shreveport Flyers, LLC; Roberts Aviation, LLC; and Horizon Aviation Land Co., LLC. The city appeals the attorney fee award on the grounds that the

amount awarded is unreasonable. The defendants also urge that Jonathan

Reynolds’ exception of no cause of action should have been granted. The

plaintiff’s filed an answer to appeal praying for an award of further attorney

fees stemming from this appeal.

FACTS AND PROCEDURAL HISTORY

Because this appeal concerns whether the attorney fees award to the

plaintiffs is reasonable it is necessary for this court to examine in detail the

actions and efforts undertaken by plaintiffs’ counsel in prosecuting this case,

as well as the outcomes thereby obtained.

In their Original Petition for Enforcement of Open Meetings Law, the

plaintiffs allege that the reappointment and confirmation of Jonathan

Reynolds at the City Council meeting on January 14, 2020, violated the

Open Meetings Law in that: (1) the reappointment was not on the agenda;

(2) it was added to the agenda by motion during the meeting without

allowing the public an opportunity for comment; and (3) the reappointment

was confirmed by a vote of the City Council. The plaintiffs attached to their

petition a copy of the agenda and minutes of the January 14, 2020, meeting.

Those documents support the allegations in the petition.

Importantly, the plaintiff’s petition also includes allegations regarding

an ongoing dispute between the SAA and tenants of the airport hangers –

over lease terms and conditions – which is currently in litigation in a

separate case in district court. Some plaintiffs in this case are plaintiffs in the

other case as well. The petition in the instant case includes a statement that

Jonathan Reynolds “displayed a particularly adversary attitude towards the

tenants, often clashing with them.” This set of allegations culminates in 2 paragraph 17 of the petition. Therein, the plaintiffs admit that the

defendants’ intent in violating the Open Meeting Law is immaterial to the

instant action, but nonetheless state, in effect, that the ongoing lease dispute

being litigated in the other case motivated the violation of the Open

Meetings Law concerned in the instant case. (This line of argument will

sometimes hereinafter be referred to as “subterfuge theory”).

Based on those allegations, the plaintiff sought the following items of

relief: (1) judgment declaring that the reappointment of Jonathan Reynolds

at the January 14, 2020, City Council meeting violated the Louisiana Open

Meetings Law and is null and void; (2) an injunction prohibiting Jonathan

Reynolds from taking any action in his capacity as a member of the SAA

board; (3) an injunction against the city of Shreveport for taking further

action to appoint Mr. Reynolds or anyone else in violation of Open Meetings

Law; and (4) an award of attorney fees.

In its answer and subsequent pleadings and motions, the city invoked

La. R.S. 42:19(A)(1)(b)(ii)(cc) – hereinafter, the “instanter amendment”

provision – which authorizes a public body to take up a matter not on the

agenda if, after opportunity for public comment thereon, the members of the

body present at the meeting unanimously vote in favor of taking up the

matter. This provision also states that a public body “shall not” use this

authorization as a “subterfuge” to defeat the purposes of the Open Meetings

Law. 2

The plaintiffs caused the issuance of subpoenas duces tecum and

notices of deposition to the mayor and to Jonathan Reynolds, who, in turn,

Throughout the record, the plaintiffs’ counsel repeatedly refers to this provision 2

as the “good-faith” exception to the Open Meetings Law. 3 moved to quash and obtain protective orders against the subpoenas and

deposition notices on the ground that they sought irrelevant information. In

the Motion for Protective Order, the defendants objected to the following

items demanded in the subpoena duces tecum:

• (1) complaints and/or grievances of SAA tenants about Jonathan Reynolds and/or the SAA board, including but not limited to this lawsuit;

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Cite This Page — Counsel Stack

Bluebook (online)
Laurel R. Brightwell, Hugo A. Holland, Jr., Richard M. Walford, III, James W. Graves, Don G. Bethel, Bert G. Moore, Terrence "Terry" Sullivan, II, John G. Griffin, Alfred D. Johnson, Jr., Robert W. Lare, Jr., Robert N. Burgess, George Carroll, Clarence "Chris" Erickson, III, Charles R. Laborde, J. Peyton Laborde, John R. Barnwell, Mark A. Roberts, David N. Austin, William P. Johnson, Mark Brunettin, Vincent D. Rice, Jr., Shreveport Airport Hangar Owners Association, Royal Wings Aviation, Inc., Just Plane Fun, LLC, Tex-Petro Services, LLC, Fitelands, LLC, Fite Properties, LLC, Moran Air, LLC, Teil Properties LLC, Kimair, LLC, Shreveport Flyers, LLC, Roberts Aviation, LLC and Horizon Aviation Land Company, LLC v. City of Shreveport and Jonathan Reynolds, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laurel-r-brightwell-hugo-a-holland-jr-richard-m-walford-iii-james-lactapp-2023.