FRANSEN JR AND HARDIN VS THE CITY OF NEW ORLEANS, ET AL

CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

STATE OF LOUISIANA

NO.  2002-5170           DIVISION "N"                                                           

A. REMY FRANSEN, JR. and ALLAIN F. HARDIN versus THE CITY OF NEW ORLEANS, ET AL

ATTENTION

TO THOSE PERSONS AND/OR ENTITIES OR THEIR HEIRS, SUCCESSORS OR ASSIGNS, WHO PAID CITY PENALTIES AND/OR COLLECTION/PENALTY FEES TO THE CITY OF NEW ORLEANS FOR LATE PAYMENT OF AD VALOREM TAXES PURSUANT TO CITY ORDINANCE NO. 18637

NOTICE IS HEREBY GIVEN to those persons and/or entities or their heirs, successors or assigns who pursuant to New Orleans City Ordinance No. 18637 were assessed City penalties and collection/penalty fees by the City of New Orleans and who paid these charges during the time from April 17, 2000 through March 5, 2002. These  penalties were imposed on real and other property located in the City of New Orleans for late payment of property taxes to the City. The penalties/fees imposed on real property were later determined to be unconstitutional by the Louisiana Supreme Court.

If you were assessed and paid City penalties and collection/penalty fees for delinquent payment of personal property (business) taxes or paid the penalties on real property outside of the recognized time frame, you are not included in the referenced class.

IF YOU FIT WITHIN THE DESCRIPTION GIVEN ABOVE, PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS WILL BE AFFECTED.

Class representatives, Thomas Monahan, III and Sandra Monahan, and others, brought suit against The City of New Orleans, Linebarger, Goggan, Blair & Sampson, LLP and United Governmental Services of Louisiana, Inc., asserting that any property owner who paid unconstitutional late payment City penalties and collection/penalty/fees while the Ordinance was in effect, was entitled to the return of those sums.  The trial and the Circuit Court of Appeal, because of certain payment under protest provisions imposed by State and City law, limited the claims to the time frame April 17, 2000 through March 5, 2002. The class representatives now seek to force The City of New Orleans, Linebarger, Goggan, Blair & Sampson, LLP and United Governmental Services of Louisiana, Inc. to return all payments made during that time frame, with interest, to plaintiffs and those similarly situated.  Class claims with respect to Linebarger, Goggan, Blair & Sampson, LLP and United Governmental Services of Louisiana, Inc. are limited as to the issue of these defendants being debt collectors. This will be determined by the Court.

The purpose of this Notice is to inform you of the disposition and pendency of this class action law suit against the defendants. The Notice is also to advise you that you do not have to do anything at the present time if you wish to be part of the class action as defined by the Court and to advise you of your right and the procedure to be followed if you wish to opt out of the litigation and/or pursue any separate action.

On November 24, 2015, the Court certified this action as a class action with a class of plaintiffs as defined in this Notice and covering the period April 17, 2000 through March 5, 2002. The defendants, City of New Orleans, Linebarger, Goggan, Blair & Sampson, LLP and United Governmental Services of Louisiana, Inc. dispute the return of the penalty/collection fees paid by those persons and/or entities covered by this class action and the Court has not made a final determination that the claims of the class representatives will be honored. That will be determined by the Court in the future.

You should be made aware that any judgment, whether favorable or not, will include all members of the class who do not request exclusion from the class. Any member of the class who does not request exclusion may, if the member desires, enter an appearance through counsel at that member's expense. Class members may be required to take further action as the court deems necessary in order to participate in the recovery of any sums collected.

The court appointed as class counsel, Allain F. Hardin and A. Remy Fransen, Jr., 807 Howard Avenue, New Orleans, LA 70113. Inquiries regarding class representatives and this class action should be directed to: Allain F. Hardin, Plaintiffs' Class Counsel, 807 Howard Avenue, New Orleans, LA 70113. Please DO NOT contact the Clerk's office or the Judge's chambers. 

If you qualify and wish to be included in the class, YOU DO NOT NEED TO TAKE ANY FURTHER ACTION AT THIS TIME. You will be advised through further notices what will be required of you in order to pursue a claim. A member of the class has the right to be excluded from the class. Any person who wants to be excluded from the class must submit a request for exclusion from the class by sending a letter addressed to: New Orleans Property Tax Late Payment Claim, 807 Howard Avenue, New Orleans, LA 70113. The letter must be postmarked no later than April 1, 2019 and contain a) your name, entity name, address and social security number/or Tax I.D. number; b) a statement that penalties/collection fees were paid during the period April 17, 2000 to March 5, 2002; c) the address for the property on which late payment penalties were paid and; d) a statement that you wish to be excluded from the class. 

If you opt out of this class action, you will not be included in the class action or share in any recovery made on behalf of the class. If you do opt out and fail to take whatever action may be necessary to protect your interests within 30 days from the date that you opt out, you will be forever barred from bringing any action with regard to any claim for return of the penalties/collection fees paid. Likewise, if your claim was excluded from this class action you have 30 days from the publication of this Notice to file suit. See La. Code of Civil Procedure, Art. 596. You should consult your own attorney. Again, if you wish to be part of the class you do not have to take any further action, until further notified.

ALLAIN F. HARDIN

FRANSEN & HARDIN, A.P.L.C.

807 Howard Avenue

New Orleans, LA 70113

www.nolataxpenalty.com