When did the Village of Creola legally incorporate after a court challenge to its election?

Plain-English summary

Creola voted to incorporate in October 2000, but a lawsuit challenging that election was filed within the statutory contest period. The AG concluded that Creola's incorporation date was January 9, 2002, the date it said the court dismissed the lawsuit. The municipality could not have incorporated while the challenge remained pending. The AG also rejected January 23, 2002, when the state acknowledged its mayor and alderpersons, because the opinion read the officer-appointment statute as presupposing an already incorporated municipality.

The opinion explained that, without a timely lawsuit, a favorable incorporation vote would have taken legal effect after the publication period specified by LSA-R.S. 33:3(D). A timely suit interrupted that path. Here the case ended without a trial or an order setting an incorporation date, so the AG used dismissal as the operative event.

The source has a date conflict: its opening account says the lawsuit was dismissed on January 9, 2001, while its analysis, conclusion, and syllabus identify January 9, 2002. This page reports the opinion's stated conclusion; the original text below preserves both statements.

Currency note

This opinion was issued in 2006. 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

Was Creola incorporated when voters approved the proposal in 2000?

The AG said no. A lawsuit was filed within the thirty-day contest period, preventing the ordinary election-based incorporation date from taking effect.

Did the lawsuit's dismissal set the incorporation date?

In this case, yes. The AG used January 9, 2002, the date it identified for the dismissal order, because the court held no merits trial and entered no separate order declaring a date.

Did state acknowledgment of Creola's mayor and alderpersons establish the date?

No. The opinion said the January 23, 2002 acknowledgment occurred after incorporation; the governor's appointment power applied to officers of a newly incorporated municipality.

Why does the source also mention January 9, 2001?

Its opening chronology gives that year for the dismissal, but the legal analysis and repeated final answer use January 9, 2002. The AG did not explain the discrepancy.

Background and statutory framework

The opinion traced Louisiana's petition, election, and contest process under LSA-R.S. 33:1 through 33:4. It applied the contest provision in LSA-R.S. 33:3(D) and the court-order provision in R.S. 33:4(E)(1). LSA-R.S. 33:6 governed the appointment of officers to a newly incorporated municipality and supported the conclusion that the later acknowledgment of Creola's officers was not its incorporation date.

Citations

• LSA-R.S. 33:3(D) (effect of a favorable vote and a timely contest).
• R.S. 33:4(E)(1) (court determination in a contested incorporation).
• LSA-R.S. 33:6 (appointment of officers for a newly incorporated municipality).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0010

Original opinion text

September 14, 2006
Opinion No. 06-0010

Honorable Robert Wayne Nugent
90-A POLITICAL SUBDIVISIONS – Officers,
Mayor, Village of Creola
Agents, and Employees
241 Grays Creek Road
Dry Prong, Louisiana 71423
The date of incorporation for the Village of Creola is
January 9, 2002.
Dear Mayor Nugent:

Your request for an Attorney General’s opinion regarding an incorporation date for the Village of Creola has been forwarded to me for research and reply.

According to your request, the Village of Creola held an election on October 7, 2000 that unanimously incorporated Creola. Within the thirty days following the election, a lawsuit opposing incorporation was filed in the 35th Judicial District Court. The suit was later dismissed with prejudice on January 9, 2001. Finally, on January 23, 2002, the State acknowledged your mayor and alderpersons. Your letter requests an opinion on the official date Creola was incorporated so that said information may be sent to the Secretary of State’s office.

LSA-R.S. 33:1(A) provides that residents of any unincorporated area with a population in excess of two hundred inhabitants may propose incorporation of the area. A petition proposing the incorporation must be signed by at least twenty- five percent of the electors residing in the area proposed for incorporation. LSA- R.S. 33:1(B). When proponents of the incorporation believe they have the signatures of at least twenty-five percent of the electors residing in the area, they shall file the petition with the registrar of voters for the parish in which the unincorporated area is located. LSA-R.S. 33:2(A). If the registrar determines that enough signatures are present, he or she will issue a certificate stating that the requisite signatures have been obtained and forward the certificate to the governor. LSA-R.S. 33:2(C).

The governor, upon finding that the petition complies with LSA-R.S. 33:1, will call a special election to allow the people of the unincorporated area to vote on its incorporation. If a majority of the voters vote in favor of incorporation, the municipality will be legally incorporated thirty days from the date of the publication unless a legal action contesting the incorporation is filed within thirty days. LSA-R.S. 33:3(D) (emphasis added). Because a suit opposing the

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Opinion Number 06-0010
Hon. Robert Wayne Nugent
Mayor, Village of Creola
Page: -2-

incorporation of Creola was filed within the thirty day limit, Creola could not have been incorporated as of thirty days from the date of the publication of the election results.

When a suit against the incorporation is filed, the district court must determine whether the provisions of R.S. 33:4 have been complied with and whether the municipality has the capacity to provide the proposed public services within a reasonable period of time. R.S. 33:4(E)(1). If the court answers both in the affirmative, the judge shall enter an order declaring the date of the municipality shall become incorporated. Id. In this case, however, there was no trial on the merits and no evidence produced to the trial court. Therefore, the trial judge was unable to enter an order declaring the date that the municipality would become incorporated as he otherwise would pursuant to R.S. 33:4(E)(1). He did, however, enter an order dismissing the suit on January 9, 2002. It is the opinion of this office that January 9, 2002, the date the order dismissing the suit was issued, is the correct date of incorporation for Creola. The date cannot be any earlier as litigation challenging the incorporation was still pending.

Your request also states that the State acknowledged your mayor and aldermen on January 23, 2002. LSA-R.S. 33:6 provides that “the governor shall appoint all the officers of a newly incorporated municipality.” Because the governor does not make these appointments until the municipality is “newly incorporated,” January 23, 2002 cannot be the date of incorporation as that date would have to be earlier.

Based on the foregoing, it is the opinion of this office that the date of incorporation for the Village of Creola is January 9, 2002.

We trust this adequately responds to your request. If you have any additional questions or comments, please do not hesitate to contact our office.

Respectfully submitted,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _____
WILLIAM P. BRYAN, III
Assistant Attorney General
CCF, Jr./WPB, III

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Opinion Number 06-0010
Hon. Robert Wayne Nugent
Mayor, Village of Creola
Page: -3-

SYLLABUS
OPINION NUMBER 06-0010

90-A POLITICAL SUBDIVISIONS – Officers, Agents, and Employees

The date of incorporation for the Village of Creola is January 9, 2002.

Honorable Robert Wayne Nugent
Mayor, Village of Creola
241 Grays Creek Road
Dry Prong, Louisiana 71423

DATE RECEIVED:

DATE RELEASED: September 14, 2006

William P. Bryan, III
Assistant Attorney General