Parish of Acadia v. Town of Duson

909 So. 2d 642, 2005 WL 1545772
CourtLouisiana Court of Appeal
DecidedJuly 1, 2005
DocketNos. 2005-688, 2005-689, 2005-690
StatusPublished
Cited by2 cases

This text of 909 So. 2d 642 (Parish of Acadia v. Town of Duson) 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
Parish of Acadia v. Town of Duson, 909 So. 2d 642, 2005 WL 1545772 (La. Ct. App. 2005).

Opinion

pEZELL, Judge.

These consolidated proceedings were instituted by the Acadia Parish Police Jury (“Acadia Parish”) against the Town of Du-son.1 Three separate lawsuits were filed in district court over the course of a two year period, alleging that the ordinances which annexed land located in unincorporated, Acadia Parish, into the municipal limits of the Town of Duson, were unreasonable and should be vacated pursuant to La.R.S. 33:172. The ordinances and resulting annexations took place after the respective landowners submitted petitions to the Town of Duson, requesting same, in accordance with La.R.S. 33:172.

On joint motion of the parties, the pending lawsuits were consolidated and subsequently submitted to the trial court for decision on January 18, 2005. The case was decided by the court on the basis of argument presented in pre-trial memoran-da, joint written stipulations presented by the parties to the court, and the joint exhibits of the parties, which included plats of the involved areas prior to and subsequent to annexation, and two depositions: the depositions of the Town of Du-son’s Mayor, John Lagneaux, and the Secretary of the Acadia Parish Police Jury, Katry Martin.

The trial court issued its ruling and written reasons on February 3, 2005, granting judgment in favor of the Town of Duson and against Acadia Parish in regards to ordinances 03-464 and 02-453, finding those annexations of land to be reasonable. Conversely, the trial court granted judgment in favor of Acadia Parish in regards to ordinance 03-466, declaring it an unreasonable annexation by the Town of Duson and vacating same. The final judgment was signed June 7, 2005. The | ¡/Town of Duson appeals the portion of the judgment which vacated, and declared, ordinance 03-466 unreasonable and the assessment to it of one-half of the court costs in these proceedings. We affirm, in part, and reverse and remand, in part.

I.

ISSUES

The Town of Duson argues that Acadia Parish failed to satisfactorily sustain the burden of proof required to establish that the annexation of land by ordinance 03-466 was unreasonable pursuant to La.R.S. 33:172. In addition, it argues that the trial court failed to apply the statutory considerations set forth in La.R.S. 33:172 A(l)(d)(iii) during its consideration of the reasonableness of ordinance 03-466. Finally, the Town of Duson asks the court to determine whether the assessment of court costs against it is proper.

II.

FACTS

The challenged ordinance at issue is ordinance number 03-466, adopted January 13, 2004, which annexed approximately [644]*6445.36 acres of property belonging to Sterling Hubbard, Francois Poupart, and the heirs of Donald Romero (the “Sterling Hubbard tract”). The owners of the Sterling Hubbard tract, petitioned the Town of Duson to have this portion of their land annexed into its municipal limits for the limited purpose of having their property become subject to the town’s zoning ordinance. This was necessary in order for those owners to apply for permits from the State Department of Transportation and Development to erect billboards on this property along Interstate 10 (I — 10).

| sUpon submission of this matter for decision to the trial judge, the parties jointly stipulated the following facts as to the Sterling Hubbard tract: (1) that at the time of the annexation, the Sterling Hubbard tract was privately owned, vacant property; (2) that there were no registered voters on the property nor resident property owners; and (3) that this tr,act was contiguous to the municipal boundaries of the Town of Duson, as that term is defined by La.R.S. 33:172. The stipulation clarified that the Sterling Hubbard tract was contiguous only because it was adjacent to I — 10, which is located within the Town of Duson’s city limits, despite its not being contiguous to any other area of the Town of Duson. In other words, the Sterling Hubbard tract is located north of I — 10 and is adjacent and contiguous to the interstate, while the Town of Duson, prior to the annexation, included only this subject portion of I — 10 and land south of I — 10.

Despite this stipulation, Acadia Parish argued in its pre-trial memorandum that the proposed annexation site was not “truly contiguous” to the Town of Duson, and submitted to the court that the burden of proof should rest with the Town of Duson to show that the annexation was reasonable. Acadia Parish based this argument on the fact that the portion of I — 10 located adjacent to the Sterling Hubbard tract was inaccessible and closed to vehicular and pedestrian traffic, leaving no other way to reach the Sterling Hubbard tract from the existing Town of Duson, other than by exiting the town, traveling north across I-10, and then circling back to the annexed property. The parish also asked the court to consider the deposition testimony of Mayor Lagneaux, during which he states that because of the described inaccessibility of the Sterling Hubbard tract and its distance from the rest of Duson’s existing municipal limits, the town had no existing plans to extend water and sewer service |4to that annexed area. Acadia Parish asserted that because no city services were being contemplated by the Town of Duson, the ultimate size of the annexation should be considered suspect, since the entire tract did not need to be annexed in order for the property owners to gain permits to erect billboards along I — 10. The true reason for the annexation of the Sterling Hubbard tract, it was further argued, was for the Town of Duson to gain access to the land in order to deprive Acadia Parish of any possible future tax revenues that might be gained from video poker truck stop casinos that might locate in the area in the future, and to secure all such future tax revenues for itself.

According to the Town of Duson, the annexation was reasonable because all of the property owners sought the annexations due to their desires to erect billboards on their property along I — 10. The annexations, it was submitted, would be commercially beneficial to the landowners, who without the annexations, would be unable to pursue this source of income. Moreover, the Town of Duson argued that it and the parish would also benefit due to the possible increased traffic and business that could be attracted to the area by future billboards. The Town of Duson denied the existence of any detrimental [645]*645consequences resulting from the annexations.

The trial court disagreed with the Town of Duson, and in its written reasons for ruling, declared the annexation of the Sterling Hubbard tract unreasonable, stating:

As to [the Sterling Hubbard] tract, the owner requested annexation for purposes of signage only and only as to a portion of his land. Furthermore, the furnishing of utilities to this tract, which is located across 1-10 from the bulk of the Town of Duson, is not presently contemplated. As stated by the mayor, “I did not make anybody a promise for utilities on the north side of the interstate ... [sic] Because of the cost.” (Lagneaux deposition^] p. 31).
The only part of the existing corporate limit of Duson the Hubbard tract abuts is the 1-10 roadbed and it cannot be accessed ^directly from 1-10 by vehicular traffic. As noted above in discussion regarding contiguity for purposes of La.R.S. 33:172A(l)(d)(iv), the issue of accessibility may be a factor in determining the reasonableness of an annexation, although it is not a requirement for purposes of determining the burden of proof.

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Related

Roberts v. Town of Henderson
998 So. 2d 272 (Louisiana Court of Appeal, 2008)
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Parish of Acadia v. Town of Duson
922 So. 2d 554 (Supreme Court of Louisiana, 2006)

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909 So. 2d 642, 2005 WL 1545772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parish-of-acadia-v-town-of-duson-lactapp-2005.