Williams v. Harrison

346 So.3d 370

Nathaniel Roy WILLIAMS, Plaintiff-Appellee

v.George HARRISON, Defendant-Appellant

No. 54,891-CA

Court of Appeal of Louisiana, Second Circuit.

Judgment rendered August 5, 2022

PROLIFIC LITIGATION GROUP, LLP, By: Krystal J. Williams, Counsel for Appellant

NATHANIEL ROY WILLIAMS, In Proper Person, Appellee

Before PITMAN, THOMPSON, and HUNTER, JJ.

THOMPSON, J.

George E. Harrison appeals the ruling of the trial court disqualifying him as a candidate for Chief of Police of the Town of Delhi, Louisiana. For the following reasons, we affirm.

FACTS

On July 22, 2022, appellant George Elbert Harrison ("Harrison"), qualified as a candidate for this office, listing his domicile address on a "Notice of Candidacy (Qualifying Form)," as 203 Robinson Lane, a residence within the municipality of Delhi, Louisiana. On that qualifying form, Harrison also certified before a notary public and two witnesses, that he was a "duly qualified elector" of Ward 00, Precinct 33 (Paragraph 4), and that he was registered to vote in the precinct of the residence in which he claimed a homestead exemption (Paragraph 8).

On July 28, 2022, Nathanial Roy Williams filed a petition in district court objecting to the candidacy of Harrison on the grounds that Harrison claimed a homestead exemption at a location outside of the municipality of Delhi and was not physically domiciled at 203 Robinson Lane. Harrison did not answer the petition. The matter was tried on August 1, 2022. Harrison and Williams, both appearing pro se , were the only witnesses who testified. With the exception of Harrison cross-examining Williams, the trial court questioned both witnesses and placed all exhibits into evidence.

Prior to beginning the trial, and with the consent of both parties, the trial court introduced into evidence C-2, copies of Harrison's Notice of Candidacy (Qualifying Form), and the documents he attached thereto which included Harrison's driver's license which listed his address as 788 Hwy. 132, Delhi, LA, and Harrison's Voter Information Report, which showed that Harrison was registered to vote in Ward 00, Precinct 33 at a residence address of 203 Robinson Ln., Delhi, LA. The trial court also noted that La. R. S. 33:385.1 required the Chief of Police of a municipality to be an elector of the municipality and domiciled for at least the immediately preceding year in the municipality.

Williams was called by the court as a witness and testified that it was brought to his attention that Harrison was "claiming homestead exemption in Franklin Parish," at the address of 634 Highway 132, which was not within the municipality of Delhi. Williams also testified that Harrison also maintained a residence at 788 Highway 132, in Franklin Parish. Williams conceded that 203 Robinson Lane was within the "City Limits of Delhi," but asserted that Harrison was not actually domiciled there for the year preceding his qualification. The factual basis for Williams’ claim included his eyewitness accounts of the activities he saw take place at 203 Robinson Lane. Williams stated that he lived down the block from that residence and passed by there every day. Williams testified that he never saw anyone at that residence and that Harrison "comes and mows the yard on occasion," but puts the mower on a trailer and does not stay in the residence. Williams identified a document he attached to his pleadings from the Franklin Parish Tax Assessor's Office, which showed that as of July 26, 2022, Harrison's physical address was listed as 634 Highway 132, a location according to Williams that was "known as Delhi, Louisiana, but it's actually within Franklin Parish."¹

On cross-examination by Harrison, Williams testified that he went by the Robinson street residence at 6:10 each weekday morning and between 5:00-5:30 each weekday evening and patrolled the area during the day. Williams also stated that Harrison's "garbage receptacle never moves, it stays up under the carport."

At the beginning of his testimony, Harrison confirmed that C-2 accurately depicted copies of his candidacy form, driver's license and voter information report. Harrison explained that he got a divorce in 1993 and that his ex-wife has lived at the 634 Highway 132 residence since that time. Harrison further explained that he "stayed" at 788 Highway 132 before he moved to 203 Robinson Lane about five years ago. Harrison understood that in Louisiana an individual can claim a homestead exemption in only one place and conceded that the assessment of the Franklin Parish Assessor's Office attached to Williams’ petition showed that he claimed his homestead exemption at the 634 Highway 132 address. Ultimately Harrison admitted that as of 2022 he claimed his homestead exemption at 634 Highway 132, and had not changed it because "once it's signed—you file it, it's just constantly there." Harrison nevertheless insisted that he rented and lived at the Robinson Lane address and had the utilities placed in his name.² Harrison also conceded that the issue date on his driver's license was June 15, 2022, and that he listed his address as 788 Highway 132. Harrison explained that he "just never did change my driver's license," and "let it stay, that 788." Harrison identified a "print out form Google maps," filed into evidence by the trial court, which showed "the entirety of Highway 132." Harrison agreed that the "entirety of Highway 132 is within the territorial jurisdiction of Franklin," except for a small portion above Mangham, Louisiana, and that it did not matter "what you address is on that highway, it's in Franklin Parish."³

When shown his candidacy form, Harrison admitted that he listed his domicile address as 203 Robinson Lane and stated that he was a qualified elector of Ward 00 Precinct 33. Harrison also agreed that he signed that portion of the form which stated that he was registered to vote in the precinct where he claimed his homestead exemption, and that he signed the form under oath before a notary and witnesses.

In support of his case, Harrison introduced documentary evidence regarding his proof of domicile at 203 Robinson Lane, and offered testimony about those documents as follows:

1) D-1--Harrison's Entergy bill from the 203 Robinson Lane residence from July 2022 in the amount of $34.06. Robinson blamed the low amount of the bill on his not being there or being on vacation. He also noted that he would "spend maybe a week or so out in Houston with my daughter," and that he did not use a lot of electricity because he went to "ball games and all that kind of stuff." Harrison conceded, however, that the bill showed comparable low usage from January 2021 through July of 2022, with the exception of September of 2021, when he used three times the electricity as any other time. Harrison admitted that an Entergy bill from 788 Highway 132 was also in his name, but could not remember if Entergy bill from 634 Highway 132 residence was still in his name.

2) D-2--A document showing taxes paid to the municipality of Delhi on the Robinson Lane residence. Harrison admitted that he did not pay the "assessment" on that residence to the tax assessor.

3) D-3--Harrison's "Utility Statement" for the 203 Robinson Lane residence showing Harrison's water usage for the month of July, 2022 in the amount of $10.75. The total bill included a composite total of water, sewer, garbage and a miscellaneous charge. From July 2021, this document showed total bill history amounts from $39.50-$40.75.⁴

4) D-4--An affidavit from Harrison's son attesting to the fact that Harrison resided at 203 Robinson Lane for the last five years or so.

5) D-5--Robinson's divorce decree of January 12, 1993. Harrison admitted that the house at 634 Highway 132 was still community property because there had been no property partition.

Harrison showed the trial court photographs of the Robinson Lane house he took the morning of and the Saturday before the hearing.⁵ The trial court inquired as to whether Harrison had any photographs from six months to a year before the trial. Harrison did not. Harrison admitted to the trial court that his dog lives at the 788 Highway 132 residence.

Upon completion of the presentation of evidence and argument of the parties, the trial court orally ruled as follows:

[E]verything that I have seen indicates that you are a—not only a resident but a domiciliary of the Parish of Franklin which obviously is outside the jurisdiction of the Town of Delhi. I searched diligently through cross—you know, through examination of everything, trying to find something ... I feel like all I've got is some pictures that were taken this morning as well as an Entergy bill that raised some very serious concerns and questions with regard to the amount of consumption of energy that took place over the last couple of—last year and a half. But also what I'm going back to is the – the notice of candidacy the qualifying form itself and that's what I'm going to restrict my ruling to. I have a driver's license that was issued and I guess it's that it was requested by you to be issued on June 15th of 2022 that loudly and clearly in no uncertain terms whatsoever declares your address to be in Franklin Parish on Highway 132. I do—I do see the voter information report that you submitted that indicates Robinson Lane but that—that I fear is the only thing and then I'm looking at this homestead exemption form from Franklin Parish that was printed out July 26^th of 2022 regarding the 2022 parcel listing that says you are the owner of this residence and you claim homestead exemption in Franklin Parish and that you are one hundred percent the primary owner of that residence. So with all of those things being introduced, we also have the other—other evidence that was submitted and arguments that were made, the Court is going to disqualify Mr. Harrison for running for office of Chief of Police as the Court does find that he is not domiciled within the Town of Delhi. So that will be the ruling of the

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