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re: Gravy Blames St. George Area For the Current Condition of EBR

Posted on 10/7/19 at 9:57 pm to
Posted by fallguy_1978
Best States #50
Member since Feb 2018
53816 posts
Posted on 10/7/19 at 9:57 pm to
quote:

Isn’t that what they wanted? Wakanda that they controlled without all the crackers to ruin it?

We are a cracker family barely inside of the BR city limits. It is what it is I guess. My kid goes to private school and is almost in HS so that doesn’t matter to me. I really am interested in what kind of shape this leaves BR in though.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
117161 posts
Posted on 10/7/19 at 9:58 pm to
quote:

Mary Olive Pierson, the city’s attorney regarding St. George, said months ago the city would challenge the incorporation if it passes because the Plan of Government for East Baton Rouge Parish limits the number of incorporated areas within the parish to four.


Court has already held that state law trumps local.

She should be sanctioned for this. She would also be in violation of the Rule of Professional Conduct for misrepresentations to a court.
Posted by Meatball
Member since Sep 2009
5147 posts
Posted on 10/7/19 at 10:00 pm to
Why is he even relevant?
Posted by LSURussian
Member since Feb 2005
135363 posts
Posted on 10/7/19 at 10:01 pm to
The amendment says four. I’ll try to remember to quote it and link it tomorrow.

In the meantime you’re welcome to google it yourself. That’s how I found it.
Posted by LSURussian
Member since Feb 2005
135363 posts
Posted on 10/7/19 at 10:03 pm to
quote:

She would also be in violation of the Rule of Professional Conduct for misrepresentations to a court.
She said that to a news reporter not to a court.

Calm down, Judge Roy Bean.
Posted by tommy2tone1999
St. George, LA
Member since Sep 2008
7838 posts
Posted on 10/7/19 at 10:08 pm to
quote:

I'm just curious about what legal challenge they could come up with? Seems like they've followed the same process that other areas have successfully.
.

According to the laws for incorporating a municipality, the city can sue if the new incorporation causes a financial hardship to the city. Considering SG is only keeping 5% of the total CP budget, they’ll have a hard time proving that.

ETA: the correct terminology should be "adversely affect" not "cause financial hardship" which can include financial hardship, but can also other things. RS 33:4 States:
quote:

§4. Legal action contesting an incorporation A. Any of the following persons or governmental entities may file a petition contesting the incorporation:
(1) Any elector residing in the area proposed for incorporation.
(2) Any person owning land in such area.
(3) Any municipality which might be adversely affected or an elected official of the governing authority of such a municipality.

B. The petition shall be filed and summons served on the chairperson of the petition within the times specified in R.S. 33:3(D). The petition shall be filed in the district court having jurisdiction over the area in which all or a majority of the electors eligible to have voted in the special election on incorporation reside. The petition shall set forth the reasons why the incorporation should not be approved, which may include the reason that the incorporation might adversely affect the person or governmental entity. The procedures applicable to a civil action shall be applicable to these actions. If more than one petition is filed, the actions shall be consolidated for trial.

C. The district court may designate or appoint a commissioner who shall be a noninterested party to hold hearings on the petition. The designated or appointed commissioner, after holding such hearings, shall file a written report stating his findings of fact and conclusions of law concerning the petition and making a recommendation to the district court concerning whether the area should be incorporated.

D. The district court shall determine whether there has been full compliance with the provisions of this Subpart, including the accuracy of the statements in the petition and of the certification of the registrar of voters. The court shall also reach a determination as to whether the municipality can in all probability provide the proposed public services within a reasonable period of time and whether the incorporation is reasonable. In determining whether the incorporation is reasonable, the court shall consider the possible adverse effects the incorporation may have on other municipalities in the vicinity.

E.(1) If the district court determines that the provisions of this Subpart have been complied with, that the municipality has the capacity to provide the proposed public services within a reasonable period of time, and that the incorporation is reasonable, the district court shall enter an order declaring the date the municipality shall become incorporated. The order shall set forth the name and the boundaries of the municipality. Unless this order is vacated by a timely suspensive appeal, a copy of the order shall be filed in the office of the secretary of state.

(2)(a) If the district court determines that the provisions of this Subpart have not been complied with, that the proposed municipality will not be able to provide the public services proposed in the petition within a reasonable period of time, or that the incorporation is unreasonable, the district court shall enter an order denying the incorporation.

(b) Unless the order is vacated by timely appeal, no petition for the incorporation of all or part of the area proposed for incorporation under this Subpart shall be circulated for two years from the date of the order of the district court.

This post was edited on 10/7/19 at 11:33 pm
Posted by udtiger
Over your left shoulder
Member since Nov 2006
117161 posts
Posted on 10/7/19 at 10:09 pm to
quote:

She said that to a news reporter not to a court. Calm down, Judge Roy Bean.


Is she signs a pleading making that argument, I am filing a bar complaint against her.
Posted by ZIGG
Member since Dec 2016
12044 posts
Posted on 10/7/19 at 10:10 pm to
again,

there should be an IQ test and minimum score requirement in order to run for public office.

that alone would eliminate a good majority of problems in this country.
Posted by tommy2tone1999
St. George, LA
Member since Sep 2008
7838 posts
Posted on 10/7/19 at 10:17 pm to
Louisiana State Constitution Article VI Part 1, Section 2 states:

§2. Municipalities

Section 2. The legislature shall provide by general law for the incorporation, consolidation, merger, and government of municipalities. No local or special law shall create a municipal corporation or amend, modify, or repeal a municipal charter. However, a special legislative charter existing on the effective date of this constitution may be amended, modified, or repealed by local or special law.

ETA: Hit Submit too soon.

Section 8 is the kicker

§8. Home Rule Parish; Incorporation of Cities, Towns, and Villages

Section 8. No parish plan of government or home rule charter shall prohibit the incorporation of a city, town, or village as provided by general law.
This post was edited on 10/7/19 at 10:26 pm
Posted by LSURussian
Member since Feb 2005
135363 posts
Posted on 10/7/19 at 10:18 pm to
That’s just swell!
Posted by LSURussian
Member since Feb 2005
135363 posts
Posted on 10/7/19 at 10:21 pm to
How does that apply to the EBR Plan of Government provision limiting a maximum number of incorporated areas within East Baton Rouge?

Eta: you edited. The edit sounds cut and dried to me.
This post was edited on 10/7/19 at 10:23 pm
Posted by tommy2tone1999
St. George, LA
Member since Sep 2008
7838 posts
Posted on 10/7/19 at 10:22 pm to
Section 8 nullifies it
Posted by LSURussian
Member since Feb 2005
135363 posts
Posted on 10/7/19 at 10:23 pm to
I edited after you edited.
Posted by rowbear1922
Houston, TX
Member since Oct 2008
15825 posts
Posted on 10/7/19 at 10:23 pm to
State Constitution > BR plan of government
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
64035 posts
Posted on 10/7/19 at 10:23 pm to
quote:

It's always someone else's fault to these people. I remember when much of North Baton Rouge didn't look like Beirut.


I can remember when North Baton Rouge was overwhelmingly blue collar white people.
Posted by tommy2tone1999
St. George, LA
Member since Sep 2008
7838 posts
Posted on 10/7/19 at 10:23 pm to
Yeah sorry about the timing. I hit enter too soon
Posted by LSURussian
Member since Feb 2005
135363 posts
Posted on 10/7/19 at 10:26 pm to
Is East Baton Rouge Parish a “Home Rule Parish”? Section 8 applies to Home Rule Parishes.
Posted by fallguy_1978
Best States #50
Member since Feb 2018
53816 posts
Posted on 10/7/19 at 10:29 pm to
quote:

I can remember when North Baton Rouge was overwhelmingly blue collar white people.

I'm in my early 40s and grew up in Central so I knew most of NBR pretty well. Most of it wasn't a dump even in the 80s. It's sad when I drive through neighborhoods like Monticello, Park Forest, Sharon Hills (not necessarily in NBR), North Ardenwood, Monterey etc and think about how nice they were 30 years ago.
This post was edited on 10/7/19 at 10:31 pm
Posted by rowbear1922
Houston, TX
Member since Oct 2008
15825 posts
Posted on 10/7/19 at 10:29 pm to
See Page 4

Unless something changed since 2011, yes!
This post was edited on 10/7/19 at 10:32 pm
Posted by tommy2tone1999
St. George, LA
Member since Sep 2008
7838 posts
Posted on 10/7/19 at 10:30 pm to
quote:

No parish plan of government OR home rule charter
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