Would Louisiana's AG rule on Dubberly's decision to abandon Airport Road while a property owner challenged it?

Plain-English summary

Dubberly's mayor asked whether the village's ordinance abandoning Airport Road was legal. In the official response, the AG declined to give an opinion on that ordinance. The office gave two reasons: revoking the dedication of a road no longer needed for public purposes was a discretionary local decision under La. R.S. 48:701, and a neighboring property owner had retained counsel to challenge the action, making litigation appear imminent.

The response described the office's policies against opining on a local body's exercise of discretion and on a matter facing imminent litigation. It did not decide whether Dubberly's ordinance was valid or whether Airport Road met the statutory abandonment condition.

Currency note

This opinion was issued in 2002. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the AG uphold Dubberly's Airport Road ordinance?
No. The office declined to assess its legality.

Why did the AG decline to decide the road-abandonment question?
The response cited the village governing body's discretion and the apparent prospect of litigation over the ordinance.

What road-abandonment authority did the response identify?
It cited La. R.S. 48:701 for a local governing authority's discretion to revoke a road dedication when the road is abandoned or no longer needed for public purposes. The AG did not apply that standard to Airport Road's facts.

Background and statutory framework

The mayor asked about Ordinance #2001-1126. The response referred to the local discretion under La. R.S. 48:701 and to the office's policy concerning imminent litigation. The property owner's challenge was the stated reason the AG considered litigation likely.

Citations and references

• La. R.S. 48:701 (road dedication and local discretion)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0023

Original opinion text

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DEPARTMENT OF JUSTICE
]O1 Main Street,
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P O Box 94005
BATON ROUGE
TEL : (22"3~ 342-701
FAX (225, ~42-20(~0
RICHARD P IEYOUB
70804-9005
ATTORNEY GENERAL

FEB 0 5 200Z
OPINION NO. 02-0023

OPINION NO. 02-0023

50 - HIGHWAYS-Roads
Honorable Dyann S. Plunkett
La. R.S. 48:701
Mayor, Village of Dubberly
P.O. Box 69
The decision of a local governing authority to
revoke the dedication of roads and streets which
Dubberly, Louisiana 71024-0069
are abandoned or no longer needed for public
purposes is a discretionary act.
Dear Mayor Plunkett:

You have requested an opinion of this office as to the legality of your Ordinance #2001-1126. This ordinance concerns the abandonment of what is known as Airport Road by the Board of Aldermen of the Village of Dubberly.

In accordance with our telephone conversation of January 23, 2002, this will confirm our decision to decline rendering such an opinion on this matter for two reasons.

The decision of a municipal governing authority to revoke the dedication of roads and streets which are abandoned or no longer needed for public purposes is a discretionary act. La. R.S. 48:701.

It is the policy of this office not to issue opinions as to the exercise of discretion.
This policy is in accord with the decisions of Louisiana courts, which basically hold that local governing authorities may not be prevented from exercising its discretion to abandon roads or streets, unless they do so arbitrarily or capriciously.

Furthermore, it is the policy of this office not to furnish opinions where the prospect of litigation appears imminent. Your opinion request reflects that one of the owners of property contiguous to Airport Road is challenging the legality of the Board of Aldermen’s action in abandoning Airport Road, and has retained the services of an attorney. Under these circumstances, the prospect of litigation certainly does appear imminent.

Page 2

Honorable Dyann S Plunkett
Mayor, Village of Dubberly
Page No 2

If we can be of any further service to you in the future, please do not hesitate to
contact our office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:
ROBERT H. CARPENZ"I’,~.
Assistant Attorney General

RPI/RHC/tp