184 So. 3d 55
La. Ct. App.2015Background
- Kelley challenged Desmarteau's candidacy for Caddo Parish Commissioner District 8, arguing she did not reside or domicile in the district for at least one year prior to qualification.
- Desmarteau testified she previously lived outside District 8 at 4730 Richmond Ave but moved in August–September 2014 and began residing in District 8 thereafter.
- She entered into a buy/sell on 606 Cumberland Drive (District 8) on August 30, 2014 and closed on October 2, 2014, establishing a residence in District 8.
- During interim, she temporarily resided at her business office in District 8, which was equipped for living amenities, and she testified she intended to permanently reside in District 8 since September 5, 2014.
- The trial court held Desmarteau resided and was domiciled in District 8 for at least one year prior to qualification, and ruled Kelley failed to prove otherwise.
- Kelley appealed, and the appellate court affirmed, concluding the trial court's domicile determination was not manifestly erroneous and the costs were assessed to Kelley.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Desmarteau met the residency/domicile requirement. | Kelley argues she did not domicile in District 8 for a year before qualifying. | Desmarteau resided and intended to remain in District 8 since September 2014. | Yes; Desmarteau met the domicile requirement. |
| Burden of proof and standard for determining domicile. | Objector bears the burden to prove lack of domicile. | Court should liberally construe election laws to support candidacy; credibility part of trial court’s assessment. | Trial court’s domicile finding affirmed; credibility and factual assessment reviewed for manifest error. |
Key Cases Cited
- Morton v. Hicks, 74 So.3d 268 (La.App.2d Cir. 2011) (domicile determinations guided by residence plus intent; appellate review for manifest error)
- Thebeau v. Smith, 148 So.3d 233 (La.App.2d Cir. 2014) (multiple documentary factors used to assess domicile; liberal interpretation in elections)
- Russell v. Goldsby, 780 So.2d 1048 (La. 2000) (presumption against change of domicile; credibility given to trial court findings)