Payne v. Ouachita Parish Tax Assessor Custodian of Records

146 So. 3d 675, 2014 WL 3284587, 2014 La. App. LEXIS 1723
CourtLouisiana Court of Appeal
DecidedJuly 9, 2014
DocketNo. 49,116-CA
StatusPublished
Cited by1 cases

This text of 146 So. 3d 675 (Payne v. Ouachita Parish Tax Assessor Custodian of Records) 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
Payne v. Ouachita Parish Tax Assessor Custodian of Records, 146 So. 3d 675, 2014 WL 3284587, 2014 La. App. LEXIS 1723 (La. Ct. App. 2014).

Opinion

STEWART, J.

|,Landford Anthony Payne is appealing the district court’s judgment dismissing his civil writ of mandamus. For the reasons that follow, we affirm the trial court’s judgment.

FACTS

On June 18, 2013, Landford Anthony Payne, an indigent prisoner at the Louisiana State Penitentiary in Angola, Louisiana, filed a civil writ of mandamus in the 4th Judicial District Court, requesting documents from the Ouachita Parish tax assessor’s office relating to an abandoned home located in Ouachita Parish at 2208-B Short Washington Street. Payne asserted that he inquired about this home because he believed that it was material to his criminal case.

The tax assessor was served with the civil writ of mandamus on July 11, 2013. In this civil writ, Payne asserted that he had a right to be provided with public documents that he alleged were held by the tax assessor for Ouachita Parish. He further alleged that he mailed a request for these documents on or about April 11, 2013, that he never received the requested documents, and that he received no response to his request.

The civil writ of mandamus sought the following information:

1. What date did William J. Robinson lose possession of this home at 2208-B Short Washington Street?
2. Who gained possession of this home after William J. Robinson lost control of it?
3. What date did the new owner gained [sic] control of it?
4. What date this home become [sic] abandoned, and declared unfit for individuals to live?
5. Who was the last known resident to ever live in this house?
6. What date did they start living in the home, and what date did they stop living in this house?

Payne also sought civil penalties for the tax assessor’s alleged failure to respond in accordance with La. R.S. 44:1, et seq.

A hearing on the civil writ of mandamus took place on July 15, 2013, from which Payne was absent. A judgment on the petition for the writ of mandamus dismissing Payne’s claim with prejudice was rendered that same day.

Payne appeals.

LAW AND DISCUSSION

The defendant sets forth four “claims” in his pro se brief:

1. Payne was denied his right to public records by the defendant, the Oua-chita Parish Tax Assessor.

In his first claim, Payne asserts that the tax assessor denied his right to public records by refusing to answer his filed request pursuant to La. R.S. 44:35(A), which states:

[678]*678A. Any person who has been denied the right to inspect or copy a record under the provisions of this Chapter, either by a final determination of the custodian or by the passage of five days, exclusive of Saturdays, Sundays, and legal public holidays, from the date of his request without receiving a final determination in writing by the custodian, may institute proceedings for the issuance of a writ of mandamus, injunctive or declaratory relief, together with attorney’s fees, costs and damages as provided for by this Section, in the district court for the parish in which the office of the custodian is located.

La. R.S. 44:32(D) states:

D. In any case in which a record is requested and a question is raised by the custodian of the record as to whether it is a public | {¡record, such custodian shall within three days, exclusive of Saturdays, Sundays, and legal public holidays, of the receipt of the request, in writing for such record, notify in writing the person making such request of his determination and the reasons therefor. Such written notification shall contain a reference to the basis under law which the custodian has determined exempts a record, or any part thereof, from inspecting, copying, or reproduction.

La. R.S. 47:1903(A), which sets forth the powers and authority of tax assessors, states:

A. The tax assessors shall enumerate and list and assess property as directed in this Chapter and be subject to all the obligations prescribed by law. They shall prepare and have ready their lists showing the valuations asserted by them and lay the same before the tax commission within the time and in the manner prescribed by R.S. 47:1987 and 1988.

In accordance with the powers and authority of the position pursuant to La. R.S. 47:1903, the Ouachita Parish tax assessor, Stephanie Smith, testified that the only records kept and maintained by her office are the tax assessor rolls, and when appropriate, homestead exemption cards. She further testified that the tax assessor maintains no records with regard to possession or residence of any property in Ouachita Parish.

Smith, testified that neither she, nor her staff, ever received Payne’s public records request filed on April 12, 2013. Smith further testified that her initial viewing of his public records request was when Payne attached it to the writ of mandamus that she was served with on July 11, 2013. On July 16, 2013, in accordance with La. R.S. 44:32(D), Smith timely filed and served the opposition and exception in response to Payne’s civil writ of mandamus. She attached tax assessment sheets for the property in question, along with a demolition deed. The demolition deed came from the clerk’s Loffice, and the trial court recognized at the hearing for this civil writ that the documents that Payne requested were not information that the tax assessor would have in her custody. After a careful review of the record, we find the tax assessor did not deny Payne’s right to public records, and filed a sufficient answer to his request pursuant to the relevant law. Therefore, this claim assigned as error is meritless.

2. The plaintiff was denied his right to adequate, effective, and meaningful access to the courts to petition the government for redress of grievances by the defendant, the Ouachi-ta Parish Tax Assessor.

In this claim, Payne asserts that the tax assessor violated his right of access to the courts by denying him access to documents or information needed to give him a reasonably adequate opportunity to present [679]*679claimed violations of constitutional rights to the court. Even though the tax assessor did not have custody or control of the public documents requested, Payne argues that she had a duty to “promptly certify this in writing to the applicant, and shall in the certificate state in detail to the best of her knowledge and belief, the reason for the absence of the record from her custody and control, its location, what person then has custody of the record and the manner and method in which, and the exact time at which it was taken from his custody and control,” pursuant to La. R.S. 44:34.

As stated in the previous claim, in accordance with the relevant law, Smith timely filed and served the opposition and exception in response to Payne’s civil writ of mandamus on July 16, 2013. Even though Smith did not have the documents specifically requested by Payne, she attached the documents that she did have in her possession, namely, tax assessments for |Bthe property for years 2011-2013. She also courteously provided the June 14, 2011, order for demolition.

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Bluebook (online)
146 So. 3d 675, 2014 WL 3284587, 2014 La. App. LEXIS 1723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/payne-v-ouachita-parish-tax-assessor-custodian-of-records-lactapp-2014.