Russell v. Goldsby

780 So. 2d 1048, 2000 WL 1308791
Supreme Court of Louisiana·Decided September 25, 2000·No. 2000-C-2595·Published·Cited by 81 cases

Opinion

780 So.2d 1048 (2000)

Robert Weldon RUSSELL, III
v.
Reggie GOLDSBY and John J. Dahmer.

No. 2000-C-2595.

Supreme Court of Louisiana.

September 22, 2000.
Concurring Opinion September 25, 2000.
Rehearing Denied October 4, 2000.

*1049 Richard A. Schwartz, Amite, Counsel for Applicant.

Joe Arthur Sims, Walter Richard House, Jr., Counsel for Respondent.

Concurring Opinion of Justice Lemmon, September 25, 2000.

PER CURIAM.

At issue in this election matter is whether plaintiff has met his burden of proving that defendant, a candidate for the office of mayor of a municipality, Amite City, failed to satisfy the requirement that he be domiciled and actually reside in the municipality for at least the year immediately preceding qualification for the office. For the reasons assigned, we conclude plaintiff failed to meet his burden of proof.

FACTS AND PROCEDURAL HISTORY

Plaintiff, Robert Weldon Russell, a duly qualified elector in the Town of Amite City (hereinafter referred to as "Amite"), filed the instant suit seeking to disqualify Dr. Reggie Goldsby as a candidate for mayor of Amite in the election scheduled for October 7, 2000.[1] Plaintiff alleged that Dr. Goldsby does not meet the requirements for the office of mayor as set forth in La. R.S. 33:384[2] because he was not domiciled *1050 and did not actually reside in Amite during the year prior to qualifying for election.

A hearing was conducted before the trial court. Dr. Goldsby testified that he is a physician who has served as mayor of Amite since 1984. He stated he lives at 211 Division Street, which is within the city limits of Amite. He maintains his medical office on Walnut Street in Amite. Since 1972, he has owned a "camp" on Goldsby Lane, which is outside the town limits, where he stays on weekends and during the summer months.

Dr. Goldsby testified that his schedule as a physician demands flexible living arrangements. Depending upon his schedule, Dr. Goldsby stated he prepares meals, eats, naps, and occasionally entertains at the Division Street house. He admitted that he has spent less time at the Division Street house since he was married in 1998, because his wife refuses to sleep at the Division Street house. However, Dr. Goldsby testified he stayed overnight at Division Street within "the last few weeks" prior to the hearing in this matter.[3] While most of his clothing is kept at the Goldsby Lane house, he keeps toiletries and changes of clothing at the Division Street house. Dr. Goldsby testified that he has never qualified for election using an address other than Division Street, and that he never intended to change his domicile or residence from Division Street.

Evidence was also introduced indicating Dr. Goldsby and his brother claim a homestead exemption on the Division Street property, which they own jointly. The brothers also share the responsibility of paying the utilities for the Division Street house. The telephone book listing for Dr. Goldsby shows the Goldsby Lane address, but testimony established that the telephone rings at both the Goldsby Lane and Division Street houses. Dr. Goldsby maintains a homeowners insurance policy on the Goldsby Lane house, and a fire and contents policy on the Division Street house. A room in the eight-room Division Street house is currently occupied by Larry Olshove, who pays no rent but looks after the property for Dr. Goldsby and his brother. Dr. Goldsby's driver's license reflects the Division Street address.

Plaintiff produced the testimony of Amite Police Lieutenant Robert Farris, who stated that during his night patrols over the last few years, he has not seen Dr. Goldsby or any of his vehicles at the Division Street house. However, Lieutenant Farris testified that he has seen the doctor coming into town early in the morning from the direction of Goldsby Lane. Amite Police Officer Clint Baham testified that he has seen Dr. Goldsby at the Division Street house during his daytime patrols only infrequently within the last several years.

By contrast, Amite policeman Paul Britton testified that he has seen Dr. Goldsby at the Division Street house on numerous occasions. Amite Fire Chief Bruce Cutrer testified that he has seen Dr. Goldsby at the Division street house, but could not recall if he had seen him there within the last year.

At the conclusion of the trial, the trial court ruled in favor of Dr. Goldsby. While the trial court recognized that Dr. Goldsby has several residences, it found plaintiff failed to establish that Dr. Goldsby was not domiciled or actually residing at the Division Street address. Therefore, the court dismissed plaintiff's suit and found Dr. Goldsby qualified as a candidate for mayor of Amite.

Plaintiff appealed. In a split decision, three judges of a five-judge panel of the court of appeal reversed the judgment of the trial court and rendered judgment in favor of plaintiff, declaring that Dr. Goldsby *1051 does not meet the qualifications to be a candidate for mayor.[4]

Upon Dr. Goldsby's application, we granted certiorari to consider the correctness of that judgment.[5] Because of the expedited nature of these proceedings, we issued our decree shortly after oral argument, reversing the judgment of the court of appeal and reinstating the judgment of the trial court. We now provide the following reasons for our ruling.

DISCUSSION

In an election contest, the person objecting to the candidacy bears the burden of proving the candidate is disqualified. La. R.S. 18:492; Messer v. London, 438 So.2d 546 (La.1983). The laws governing the conduct of elections must be liberally interpreted so as to promote rather than defeat candidacy. Any doubt as to the qualifications of a candidate should be resolved in favor of permitting the candidate to run for public office. Dixon v. Hughes, 587 So.2d 679 (La.1991).

The statute governing the qualifications for mayor of a municipality, La. R.S. 33:384, provides as follows:

The mayor shall be an elector of the municipality who at the time of qualification as a candidate for the office of mayor shall have been domiciled and actually resided for at least the immediately preceding year in the municipality.

As there is no dispute that Dr. Goldsby is an elector of Amite,[6] we focus on the question of whether plaintiff established Dr. Goldsby was not domiciled in Amite for at least the year preceding qualification and whether he established Dr. Goldsby did not actually reside in Amite for at least the year preceding qualification.

Turning to the issue of domicile first, we note it is well settled that residence and domicile are not synonymous, and a person can have several residences, but only one domicile. La. Civ.Code art. 38; Messer, 438 So.2d at 547; Autin v. Terrebonne, 612 So.2d 107 (La.App. 1st Cir.1992). A person's domicile is his principal establishment wherein he makes his habitual residence and essentially consists of two elements, namely residence and intent to remain.

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

Russell v. Goldsby, 780 So. 2d 1048, 2000 WL 1308791 (La. 2000).

780 So. 2d 1048 (Russell v. Goldsby) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Succession of Paul Van Thornton
Louisiana Court of Appeal, 2018
Lestage v. Harris
261 So. 3d 12 (Louisiana Court of Appeal, 2018)
Petit v. Ducote
253 So. 3d 252 (Louisiana Court of Appeal, 2018)
Smith v. Warren
253 So. 3d 260 (Louisiana Court of Appeal, 2018)
Davis v. Gale
299 Neb. 377 (Nebraska Supreme Court, 2018)
Eames v. Schedler
199 So. 3d 1170 (Louisiana Court of Appeal, 2016)
Graham v. Prevost
176 So. 3d 1142 (Louisiana Court of Appeal, 2015)
District Attorney v. DeJohn
182 So. 3d 188 (Louisiana Court of Appeal, 2015)
Kelley v. Desmarteau
184 So. 3d 55 (Louisiana Court of Appeal, 2015)
Cannata's Supermarket, Inc. v. Cannata
180 So. 3d 355 (Louisiana Court of Appeal, 2015)
Succession of January v. January
165 So. 3d 423 (Louisiana Court of Appeal, 2015)
State, Board of Ethics v. Brown
148 So. 3d 240 (Louisiana Court of Appeal, 2014)
Louisiana Board of Ethics v. Wilson
161 So. 3d 785 (Louisiana Court of Appeal, 2014)
Russo v. Burns
150 So. 3d 67 (Louisiana Court of Appeal, 2014)
Trosclair v. Joseph
150 So. 3d 315 (Louisiana Court of Appeal, 2014)
Trosclair v. Becnel
150 So. 3d 324 (Louisiana Court of Appeal, 2014)
Richmond v. Landrieu
150 So. 3d 43 (Louisiana Court of Appeal, 2014)
Cleveland v. Williams
148 So. 3d 229 (Louisiana Court of Appeal, 2014)
Thebeau v. Smith
148 So. 3d 233 (Louisiana Court of Appeal, 2014)