What could Vivian do if a former mayor kept town keys and allegedly used them to enter town property?

Plain-English summary

Vivian's mayor reported that a former mayor allegedly retained keys to town properties and continued to use them. In Opinion 03-0283, the AG identified trespass and a permanent injunction as possible legal responses. It added a practical limit to both: the town needed eyewitness accounts or other circumstantial information to support the allegation. The opinion said that without either kind of evidence, there was no basis for the claims.

The AG discussed the burden of proving trespass damage and the demanding standard for an injunction. It also described temporary restraining orders during an injunction action. Those passages explained possible remedies; the opinion did not find that the former mayor had in fact used the keys.

Currency note

The full issue date is not legible in the available official extract. 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.

What the opinion meant at issuance

Vivian officials

The opinion allowed the town to consider a trespass claim or an injunction for the alleged use of its keys, but tied either route to evidence of what occurred. The AG expressly identified eyewitness accounts and circumstantial information as potential support.

Former mayor

The request described the key use as an allegation. The AG did not determine whether the former mayor had entered town property or whether a court would grant relief.

Common questions

Q: Did the AG say keeping town keys alone proved trespass? A: No. The opinion focused on alleged use of the keys and said the town needed evidence to support a trespass claim.

Q: Could the town ask a court to stop the former mayor from using the keys? A: The AG identified a permanent injunction as a possible remedy, subject to the evidence and standards it discussed.

Q: What if nobody saw the former mayor use the keys? A: The opinion also recognized circumstantial information as possible support. It said that without eyewitnesses or other circumstantial information, the town lacked evidence for its claim.

Background and statutory framework

The AG described trespass as an unlawful physical invasion of another's property and discussed proof of damages. It cited civil procedure articles on injunctions and temporary restraining orders, including the requirement that a restraining order describe the acts to be restrained in reasonable detail.

Citations and references

Civil procedure articles cited in the opinion heading: LA CCP 3601; LA CCP 3602; LA CCP 3605. Cases cited in the opinion: Terre Aux Bouefs Land Co., Inc. v. J.R. Gray Barge Co., 811 So2d 887; Harrington v. Abshire, 732 So2d 677; Dauphine v. Carencro High School, 843 So. 2d 1096; Louisiana Auto. Dealers Ass’n v. Politz, 664 So.2d 1251.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0283

Original opinion text

One American Place
301 Main Street, Suite 600
DEPARTMENT OF JUSTICE
P.O. Box 94005
CIVIL DIVISION
TEL.: (225) 342-7013
BATON ROUGE
FAX: (225) 342-2090

RICHARD P. JEYOUB
70804-9005
ATTORNEY GENERAL

AUG 17 9 2003
OPINION NUMBER 03-0283

LA CCP 3601, LA CCP 3602,LA CCP 3605

                                               77        Officers-Local & Municipal;       Selection,   Qualifications   &

Honorable Ernest Avra
Tenure; vacancies

Town of Vivian
It is this office’s opinion that in order to prevent the town’s former mayor
Post Office Box 832
from using the town’s keys that he has failed to retum, the town may file
an action for trespassing or the town may file for a permanent
Vivian, Louisiana 71082
injunction. Eyewitness accounts or other circumstantial information is
required in order to support either claim.

Dear Mayor Avra:

This office is in receipt of your recent opinion request in which you inquire as to the steps of recourse to be taken with the former Mayor who allegedly still has keys to the town’s properties and continues to use them.

This office is of the opinion that an action for trespass can be taken against the former mayor. Louisiana precedence has stated that, "trespass is the unlawful physical invasion of the property of another." See Terre Aux Bouefs Land Co., Inc. v. J.R. Gray Barge Co., 811 So2d 887. Damages from trespass must be proved by a preponderance of the evidence, and this burden of proof may be met by either direct or circumstantial evidence. See Harrington v. Abshire, 732 So2d 677. Damages can be in the form of humiliation, aggravation, anguish or embarrassment associated with the case; it does not have to be pecuniary damages.

Another step of recourse would be for the city to file for a permanent injunction against the former mayor. A writ of injunction is a harsh, drastic, and extraordinary remedy and should only issue where the party seeking it is threatened with irreparable loss or injury without an adequate remedy at law. See Dauphine v. Carencro High School, 843 So. 2d 1096. According to Louisiana Civil Procedure Article 3601, "During the pendency of an action for an injunction, the court may issue a temporary restraining order. Article 3605 adds, ’An order granting * * * a temporary restraining order shall describe in reasonable detail, and not by mere reference to the petition to the documents, the act or acts sought to be restrained. These articles require that the temporary restraining order be signed by the Court and that the order ’describe in reasonable detail’ that action sought to be restrained.

A temporary restraining order is valid for 10 days until a hearing is held to determine whether a permanent injunction should be issued. Ordinarily the

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OPINION NO 03-0283
Hon. Ernest Avra
Page: -2-

defendant would have to receive notice of the process being taken against them. However in the instance that there is proof that statutory violation will result, it is not necessary to establish irreparable harm to qualify for a temporary restraining order. See Louisiana Auto. Dealers Ass’n v. Politz, 664 So.2d 1251

Unfortunately there may not be an action for trespassing or the possibility of obtaining a permanent injunction against the former mayor unless you can establish eyewitnesses that can account to this accusation. Without any eyewitnesses or any other circumstantial information there is not any evidence to support your claim.

We hope this sufficiently answers your inquiry, however if we can be of further assistance please do not hesitate to contact us.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

By:
HARLES H. BRAUD, JI
Assistant Attorney General