abuse hearing (Louisiana) · Go Syfert
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abuse hearing in Louisiana

37 Louisiana opinions name it 2 courts 1962–2024 3 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Allen v. LaSalle Parish Sch. Bd.green
lactapp · 1977 · cited in 7 Louisiana opinions naming this issue, 1983–1991
2 sentences

1990Bd., 341 So.2d 73, 75 (La.App. 3rd Cir.1976), writ den., 343 So.2d 203 (La.1977), we said: "The jurisprudence of our state is abundantly clear that where an administrative agency or hearing body is the trier of fact the courts will not review the evidence before such body except for the following limited purposes: (1) to determine if the hearing was conducted in accordance with the authority and formalities of the statute; (2) to determine whether or not the fact findings of the body were supported by substantial evidence; and, (3) whether or not the hearing body's conclusions from these factu

1990So.2d 1308 (La.App. 4th Cir.1983), writ denied, 443 So.2d 592 (La.1983), this court, citing Allen v. LaSalle Parish School Board, 341 So.2d 73 (La.App. 3rd Cir.1976), enunciated the standard of review in such cases as follows: "The jurisprudence of our state is abundantly clear that where an administrative agency or hearing body is the trier of fact the courts will not review the evidence before such body except for the following limited purposes: (1) to determine if the hearing was conducted in accordance with the authority and formalities of the statute; (2) to determine whether or not the f

47
Corbello v. Suttongreen
lactapp · 1983 · cited in 2 Louisiana opinions naming this issue, 2024–2024
2 sentences

2024La. R.S. 30:9; 30:10; Hunt Oil Co. v. Batchelor, 93-3144, p. 6 (La. 10/17/94), 644 So.2d 191, 196-97 ; Corbello v. Sutton, 442 So.2d 610, 614 (La. 1983).

2024La. R.S. 30:9; 30:10; Hunt Oil Co. v. Batchelor, 93-3144, p. 6 (La. 10/17/94), 644 So.2d 191, 196-97 ; Corbello v. Sutton, 442 So.2d 610, 614 (La. 1983).

22
Central La. El. Co. v. Covington & St. Tammany L. & I. Co.green
lactapp · 1961 · cited in 8 Louisiana opinions naming this issue, 1965–1978
2 sentences

1978While noting that the subsection of La.R.S. 19:2 which deals with electric utility companies is the only portion of that statute which requires consideration of the landowner's convenience, the court nevertheless relied on the frequently stated principle that "in the location of rights-of-way considerable discretion is vested in the expropriating authority and the courts will not disturb or interfere with the exercise thereof in the absence of fraud, bad faith or conduct or practices amounting to an abuse of the privilege," id. at 375 , and approved the route selected by the expropriating comp

1969Tammany Land and Improvement Company (1961) 131 So.2d 369 , on page 376 that: “ ‘It is elementary that in all expropriation cases the prohibition against arbitrary, unreasonable, capricious and unnecessary taking is ever present.’ still the burden is with the defendant to show that the plaintiff herein is guilty of fraudulent practices, bad faith or conduct or practices amounting to an abuse of the privilege of expropriation. * * * * * * “At this point the proposed route had been finalized into definite selection, and while not necessarily approving its avoidance of further discussion of the r

18
Texas Eastern Transmission Corp. v. Bowie Lumber Co.green
lactapp · 1965 · cited in 3 Louisiana opinions naming this issue, 1967–2009
2 sentences

2009Id. at 739-49 .

1969One such cardinal principle is that in the location of rights-of-way considerable discretion is vested in the expropriating authority and the courts will not disturb or interfere with the exercise thereof in the absence of fraud, bad faith or conduct or practices amounting to an abuse of the privilege. [Citations] “It is also well settled that availability of other and alternate routes is of no concern to the property owner whose land is sought to be expropriated provided the location selected fulfills the needs and requirements of the expropriator, meets the standards prescribed by sound engi

13
Holiday Bossier Ltd. Partnership v. Louisiana Tax Com'ngreen
lactapp · 1991 · cited in 3 Louisiana opinions naming this issue, 1991–1994
2 sentences

1994Partnership v. Louisiana Tax Com’n, 574 So.2d 1280, 1285 (La.App.2d Cir.), writ den., 578 So.2d 136 (La.1991), citing Hanson v. Louisiana Racing Commission, 436 So.2d 1308 (La.App. 4th Cir.), writ den., 443 So.2d 592 (La.1983), the court stated that where the administrative agency or hearing body was the trier-of-fact, the court’s review of evidence is limited to: (1)determin[ing] if the hearing was conducted in accordance with the authority and formalities of the statute; (2) deter-minfing] whether or not the fact findings of the body were supported by substantial evidence; and, 3) whether or

1993Holiday Bossier Limited Partnership, supra; Hanson v. Louisiana State Racing Commission, 436 So.2d 1308 (La.App. 4th Cir.1983), writ denied, 443 So.2d 592 (La. 1983), and cases cited therein.

13
Bernard v. Avoyelles Parish School Bd.green
lactapp · 1994 · cited in 2 Louisiana opinions naming this issue, 1996–2000
2 sentences

2000The standard of review is well-established and was set forth by this court in Bernard v. Avoyelles Parish School Bd., 93-534, p. 4 (La.App. 3 Cir. 2/16/94); 640 So.2d 321, 324 (citations omitted): Where an administrative agency or hearing body is the trier of fact, the reviewing court will not review the evidence before such a body except for the following purposes: (1) to determine if the hearing was conducted in accordance with the authority and formalities of the statute; (2) to determine whether or not the fact findings of the body were supported by substantial evidence; and, (3) to determ

1996The appellate standard of review was discussed in Bernard v. Avoyelles Parish School Bd., 93-534, 640 So.2d 321 (La.App. 3d Cir. 2/16/94), as follows: Where an administrative agency or hearing body is the trier of fact, the reviewing court will not review the evidence before such a body except for the following purposes: (1) to determine if the hearing was conducted in accordance with the authority and formalities of the statute; (2) to determine whether or not the fact findings of the body were supported by substantial evidence; and, (3) to determine whether or not the hearing body's conclusi

12
Bays v. Baysgreen
la · 2001 · cited in 1 Louisiana opinions naming this issue, 2021–2021
1 sentence

2021“Procedural due process requires that a person be given a meaningful opportunity to be heard.” Bays v. Bays, 2000-1727, p. 6 (La. 2/21/01), 779 So. 2d 754, 758 (emphasis in original).

11
State v. Quezadagreen
lactapp · 2014 · cited in 1 Louisiana opinions naming this issue, 2016–2016
1 sentence

2016See State v. Quezada, 2013-1318, p. 6 (La.App. 4 Cir. 5/21/14), 141 So.3d 906, 912 .

11
Sampson v. Lincoln Parish School Bd.green
lactapp · 1983 · cited in 1 Louisiana opinions naming this issue, 1990–1990
1 sentence

1990Stewart v. East Baton Rouge Parish School Board, 251 So.2d 487 (La.App. 1st Cir.1971) ; Moffett v. Calcasieu Parish School Board, 179 So.2d 537 (La.App. 3rd Cir.1965) ; Barber v. Lake Charles Pipe and Supply Company, 148 So.2d 326 (La.App. 3rd Cir.1962) . *588 Furthermore, in Sampson v. Lincoln Parish School Bd., 439 So.2d 454, 456 (La.

11
Southwestern Electric Power Co. v. Congergreen
lactapp · 1971 · cited in 1 Louisiana opinions naming this issue, 1975–1975
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (25)

CaseCitedYears
Stewart v. East Baton Rouge Parish School Board neutral
lactapp · 1971
2 sentences

1990Stewart v. East Baton Rouge Parish School Board, 251 So.2d 487 (La.App. 1st Cir.1971) ; Moffett v. Calcasieu Parish School Board, 179 So.2d 537 (La.App. 3rd Cir.1965) ; Barber v. Lake Charles Pipe and Supply Company, 148 So.2d 326 (La.App. 3rd Cir.1962) . *588 Furthermore, in Sampson v. Lincoln Parish School Bd., 439 So.2d 454, 456 (La.

1990Stewart v. East Baton Rouge Parish School Board; 251 So.2d 487 (La.App. 1st Cir.1971); Moffett v. Calcasieu Parish School Board, 179 So.2d 537 (La.

61977–1990
Barber v. Lake Charles Pipe and Supply Company green
lactapp · 1962
2 sentences

1990Stewart v. East Baton Rouge Parish School Board, 251 So.2d 487 (La.App. 1st Cir.1971) ; Moffett v. Calcasieu Parish School Board, 179 So.2d 537 (La.App. 3rd Cir.1965) ; Barber v. Lake Charles Pipe and Supply Company, 148 So.2d 326 (La.App. 3rd Cir.1962) . *588 Furthermore, in Sampson v. Lincoln Parish School Bd., 439 So.2d 454, 456 (La.

1983Stewart v. East Baton Rouge Parish School Board, 251 So.2d 487 (La.App. 1st Cir.1971); Moffett v. Calcasieu Parish School Board, 179 So.2d 587 (La.App. 3rd Cir.1965); Barber v. Lake Charles Pipe and Supply Company, 148 So.2d 326 (La.App. 3rd Cir.1962).

51977–1990
Moffett v. Calcasieu Parish School Board green
lactapp · 1965
2 sentences

1990Stewart v. East Baton Rouge Parish School Board, 251 So.2d 487 (La.App. 1st Cir.1971) ; Moffett v. Calcasieu Parish School Board, 179 So.2d 537 (La.App. 3rd Cir.1965) ; Barber v. Lake Charles Pipe and Supply Company, 148 So.2d 326 (La.App. 3rd Cir.1962) . *588 Furthermore, in Sampson v. Lincoln Parish School Bd., 439 So.2d 454, 456 (La.

1990Stewart v. East Baton Rouge Parish School Board; 251 So.2d 487 (La.App. 1st Cir.1971); Moffett v. Calcasieu Parish School Board, 179 So.2d 537 (La.

51977–1990
Kennedy v. Sheriff of East Baton Rouge green
la · 2006
2 sentences

2019Kennedy , 935 So.2d at 683 .

2007Even if the trial court had found gross negligence in the communications, and the record supported that finding, such a finding would not be sufficient to prove an abuse of the privilege asserted by defendants for reporting the possibility of criminal behavior. [3] See Kennedy, 05-1418 at p. 31, 935 So.2d at 689 .

32007–2019
Roberts v. Rapides Parish School Bd. green
lactapp · 1993
2 sentences

2002Roberts v. Rapides Parish School Board, 617 So.2d 187 (La.App. 3 Cir.) writ denied, 619 So.2d 1068 (La.1993).

1996Roberts v. Rapides Parish School Board, 617 So.2d 187 (La.

31994–2002
Hanson v. LOUISIANA STATE RACING COM'N. green
la · 1983
2 sentences

1994Partnership v. Louisiana Tax Com’n, 574 So.2d 1280, 1285 (La.App.2d Cir.), writ den., 578 So.2d 136 (La.1991), citing Hanson v. Louisiana Racing Commission, 436 So.2d 1308 (La.App. 4th Cir.), writ den., 443 So.2d 592 (La.1983), the court stated that where the administrative agency or hearing body was the trier-of-fact, the court’s review of evidence is limited to: (1)determin[ing] if the hearing was conducted in accordance with the authority and formalities of the statute; (2) deter-minfing] whether or not the fact findings of the body were supported by substantial evidence; and, 3) whether or

1993Holiday Bossier Limited Partnership, supra; Hanson v. Louisiana State Racing Commission, 436 So.2d 1308 (La.App. 4th Cir.1983), writ denied, 443 So.2d 592 (La. 1983), and cases cited therein.

31991–1994
Hanson v. Louisiana State Racing Com'n green
lactapp · 1983
2 sentences

1994Partnership v. Louisiana Tax Com’n, 574 So.2d 1280, 1285 (La.App.2d Cir.), writ den., 578 So.2d 136 (La.1991), citing Hanson v. Louisiana Racing Commission, 436 So.2d 1308 (La.App. 4th Cir.), writ den., 443 So.2d 592 (La.1983), the court stated that where the administrative agency or hearing body was the trier-of-fact, the court’s review of evidence is limited to: (1)determin[ing] if the hearing was conducted in accordance with the authority and formalities of the statute; (2) deter-minfing] whether or not the fact findings of the body were supported by substantial evidence; and, 3) whether or

1993Holiday Bossier Limited Partnership, supra; Hanson v. Louisiana State Racing Commission, 436 So.2d 1308 (La.App. 4th Cir.1983), writ denied, 443 So.2d 592 (La. 1983), and cases cited therein.

31991–1994
Van Norman v. United States Fidelity & Guaranty Co. neutral
la · 1977
2 sentences

1990Bd., 341 So.2d 73, 75 (La.App. 3rd Cir.1976), writ den., 343 So.2d 203 (La.1977), we said: "The jurisprudence of our state is abundantly clear that where an administrative agency or hearing body is the trier of fact the courts will not review the evidence before such body except for the following limited purposes: (1) to determine if the hearing was conducted in accordance with the authority and formalities of the statute; (2) to determine whether or not the fact findings of the body were supported by substantial evidence; and, (3) whether or not the hearing body's conclusions from these factu

1983Bd., 341 So.2d 73, 75 (La.App. 3rd Cir.1976), writ den., 343 So.2d 203 (La.1977), we said: “The jurisprudence of our state is abundantly clear that where an administrative agency or hearing body is the trier of fact the courts will not review the evidence before such body except for the following limited purposes: (1) to determine if the hearing was conducted in accordance with the authority and formalities of the statute; (2) to determine whether or not the fact findings of the body were supported by substantial evidence; and, (3) whether or not the hearing body’s conclusions from these factu

31983–1990
Hunt Oil Co. v. Batchelor green
la · 1994
2 sentences

2024La. R.S. 30:9; 30:10; Hunt Oil Co. v. Batchelor, 93-3144, p. 6 (La. 10/17/94), 644 So.2d 191, 196-97 ; Corbello v. Sutton, 442 So.2d 610, 614 (La. 1983).

2024La. R.S. 30:9; 30:10; Hunt Oil Co. v. Batchelor, 93-3144, p. 6 (La. 10/17/94), 644 So.2d 191, 196-97 ; Corbello v. Sutton, 442 So.2d 610, 614 (La. 1983).

22024–2024
Roberts v. Rapides Parish School Bd. neutral
la · 1993
2 sentences

2002Roberts v. Rapides Parish School Board, 617 So.2d 187 (La.App. 3 Cir.) writ denied, 619 So.2d 1068 (La.1993).

1994Roberts v. Rapides Parish School Board, 617 So.2d 187 (La.App. 3d Cir.), writ denied, 619 So.2d 1068 (La.1993); McLaughlin v. Jefferson Parish School Bd., 560 So.2d 585 (La.

21994–2002
Louisiana Power & Light Company v. Anderson green
lactapp · 1960
2 sentences

1978In Louisiana Power & Light Company v. Anderson, 188 So.2d 733 (La.App. 2d Cir. 1966) the court cited the St.

1967See Texas Eastern Transmission Corp. v. Bowie Lumber Co., 176 So.2d 735 (La.App. 1st Cir. 1965); Texas Gas Transmission Corp. v. Pierce, supra; Central Louisiana Electric Co. v. Covington, 131 So.2d 369 (La.App. 1st Cir. 1961); Louisiana Power & Light Co. v. Anderson, 188 So.2d 733 (La.App. 2d Cir. 1960).

21967–1978
Texas Gas Transmission Corporation v. Pierce green
lactapp · 1966
2 sentences

1969Texas Gas Transmission Corp. v. Pierce, La.App. 3d Cir., 192 So.2d 561 .

1967See Texas Eastern Transmission Corp. v. Bowie Lumber Co., 176 So.2d 735 (La.App. 1st Cir. 1965); Texas Gas Transmission Corp. v. Pierce, supra; Central Louisiana Electric Co. v. Covington, 131 So.2d 369 (La.App. 1st Cir. 1961); Louisiana Power & Light Co. v. Anderson, 188 So.2d 733 (La.App. 2d Cir. 1960).

21967–1969
Smith v. Our Lady of the Lake Hospital, Inc. green
la · 1994
1 sentence

2010Id. (citing Trentecosta, 703 So.2d 552 ).

12010–2010
Trentecosta v. Beck green
la · 1997
1 sentence

2010Id. (citing Trentecosta, 703 So.2d 552 ).

12010–2010
Kennedy v. Sheriff of East Baton Rouge neutral
la · 2006
1 sentence

2006Kennedy v. Sheriff of East Baton Rouge, 05-1418 (La.1/13/06), 920 So.2d 217 .

12006–2006
ADMINISTRATORS TULANE ED. FUND v. Johnson green
lactapp · 2001
1 sentence

2002A court's review of the evidence presented at the hearings before the LTC is limited to the "purpose of determining if the hearing was conducted in accordance with authority and formalities of statute, whether the fact-findings of the body were supported by substantial evidence, and whether the body's conclusions from such findings were arbitrary or constituted an abuse of the hearing body's discretion." Administrators of Tulane Educational *576 Fund v. Johnson, 00-297, p. 3 (La.App. 4 Cir. 4/4/01); 784 So.2d 769, 771 , writ denied, 01-1757 (La.10/5/01); 798 So.2d 970 .

12002–2002
Orthopaedic Clinic of Monroe v. Ruhl neutral
la · 2001
1 sentence

2002A court's review of the evidence presented at the hearings before the LTC is limited to the "purpose of determining if the hearing was conducted in accordance with authority and formalities of statute, whether the fact-findings of the body were supported by substantial evidence, and whether the body's conclusions from such findings were arbitrary or constituted an abuse of the hearing body's discretion." Administrators of Tulane Educational *576 Fund v. Johnson, 00-297, p. 3 (La.App. 4 Cir. 4/4/01); 784 So.2d 769, 771 , writ denied, 01-1757 (La.10/5/01); 798 So.2d 970 .

12002–2002
McLaughlin v. Jefferson Parish School Bd. green
lactapp · 1990
1 sentence

1994Roberts v. Rapides Parish School Board, 617 So.2d 187 (La.App. 3d Cir.), writ denied, 619 So.2d 1068 (La.1993); McLaughlin v. Jefferson Parish School Bd., 560 So.2d 585 (La.

11994–1994
Holiday Bossier Ltd. Partnership v. Louisiana Tax Com'n neutral
la · 1991
1 sentence

1994Partnership v. Louisiana Tax Com’n, 574 So.2d 1280, 1285 (La.App.2d Cir.), writ den., 578 So.2d 136 (La.1991), citing Hanson v. Louisiana Racing Commission, 436 So.2d 1308 (La.App. 4th Cir.), writ den., 443 So.2d 592 (La.1983), the court stated that where the administrative agency or hearing body was the trier-of-fact, the court’s review of evidence is limited to: (1)determin[ing] if the hearing was conducted in accordance with the authority and formalities of the statute; (2) deter-minfing] whether or not the fact findings of the body were supported by substantial evidence; and, 3) whether or

11994–1994
Wasson v. Wasson green
la · 1983
1 sentence

1990So.2d 1308 (La.App. 4th Cir.1983), writ denied, 443 So.2d 592 (La.1983), this court, citing Allen v. LaSalle Parish School Board, 341 So.2d 73 (La.App. 3rd Cir.1976), enunciated the standard of review in such cases as follows: "The jurisprudence of our state is abundantly clear that where an administrative agency or hearing body is the trier of fact the courts will not review the evidence before such body except for the following limited purposes: (1) to determine if the hearing was conducted in accordance with the authority and formalities of the statute; (2) to determine whether or not the f

11990–1990
Jacomet v. St. Landry Parish School Bd. neutral
lactapp · 1980
11986–1986
Jacomet v. St. Landry Parish School Board & Administrator neutral
la · 1980
1 sentence

1986Landry School Board, 386 So.2d 1056 (La.App. 3rd Cir.1980), writ denied 393 So.2d 745 . *1257 The standard for review of the evidence is (1) to determine if the hearing was conducted in accordance with the authority and formalities of the statute; (2) to determine whether or not the fact findings of the body were supported by substantial evidence; and (3) whether or not the hearing body's conclusion from these factual findings were arbitrary or constituted an abuse of the hearing body's discretion.

11986–1986
State ex rel. Raborn v. Bergeron neutral
la · 1965
11969–1969
In re Bergeron neutral
la · 1965
11969–1969
Kennedy v. Item Co. green
la · 1948
11962–1962

Statutes the citing opinions construe

LA § La. Rev. Stat. § 49:964 (10) LA § La. Rev. Stat. § 17:493 (6) LA § La. Rev. Stat. § 19:2 (4) LA § La. Rev. Stat. § 17:443 (3) LA § La. Rev. Stat. § 45:251 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 50 (1917–2025) PA 44 (1907–2024) LA 37 (1962–2024) NC 34 (1877–2004) MD 32 (1902–2025) IL 30 (1894–2020) NY 21 (1881–2013) MA 15 (1917–2026) WA 13 (1891–2014) FL 12 (1884–2026) NJ 10 (1957–2001) CA 10 (1943–2023) MS 10 (1931–2022) AZ 9 (1953–2018) AL 9 (1941–2015) MO 8 (1909–2020) TN 7 (2000–2024) IN 7 (1946–2017) SD 6 (1987–2015) SC 6 (1925–2016) IA 6 (1928–2023) ME 6 (1974–2021) VA 6 (1952–2000) NE 6 (1894–1985) WV 5 (1892–2013) ND 5 (1918–2025) WI 5 (1898–2020) MI 5 (1941–2006) UT 4 (1916–2017) OK 4 (1942–2009) ID 4 (1911–1990) OH 4 (1909–2019) OR 4 (1910–2010) HI 3 (2004–2026) WY 3 (1915–1945) GA 3 (1912–2023) DC 2 (1984–2025) KY 2 (1926–1928) MN 2 (1916–1968) NM 2 (1983–2011) AK 2 (1961–2006)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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