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

Louisiana Court of Appeal·Decided February 8, 2023·No. 54,824-CA·Published

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

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.

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;

• (2) any and all documents which relate to the SAA or any current or prospective airport tenants.3 The defendants also objected to the following deposition topics:

• (1) all communications involving any board member or staff of the SAA or city of Shreveport officials which relates or pertains to SAA tenant complaints about the conduct of any board members of the SAA, and/or complaints regarding any policies or actions of the SAA;

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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).

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) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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