JAMES R. LESTAGE IN HIS OFFICIAL CAPACITY AS DISTRICT ATTORNEY OF THE 36 JUDICIAL DISTRICT, BEAUREGARD PARISH VERSUS Filed: Qa Jo 15, Lor’ 37*UDICAL oIsTRICT COURT wucraer wayne anns BY. TN )0snae (Hanae SEAUREGARD PARISH, LA Deputy Clerk of Court NUMBER: C-2018-0771-8 JUDGMENT For the reasons assigned in written ruling of even date herewith, itis therefore, ORDERED, ADJUDGED AND DECREED that Michael Dwayne Harris does not meet the residence _and domicile requirements of the office of Councitman at Large for the City of DeRidder, Louisiana, and ‘the office is accordingly declared vacant. ‘THUS DONE AND SIGNED in Natchitoches, Louisiana on this 15" day of October, 2018. ERIC R. HARRINGTON DISTRICT JUDGE AD HOC Notice to: Counsel of recordron JAMES R. LESTAGE, IN HIS OFFICIAL Fiery NUMBER C-2018-0771 ‘CAPACITY AS DISTRICT ATTORNEY FOR | ‘THE 36" JUDICIAL DISTRICT ME OCT IS AN 958 VERSUS 36% JUDICIAL DISTRICT COURT MICHAEL DWAYNE HARRIS BEAUREGARD PARISH, LA Filed: (Qurataen- 15,2018 By. ' ¥. Deputy Clerk of Court ‘This matter is before the court for decision on a petition by the District Attorney of Beauregard RULING Parish seeking to declare the office of OeRidder City Council member at large Michael Harris vacant pursuant to R.S. 18:671-675, following a complaint from a registered voter in DeRidder. Mr. Harris was elected to the position at issue on April 28, 2018 and took office, according to the petition, on or about July 2, 2018. Mr. Harris has two houses that he claims as residences, one located at 806 Lake Court Drive in the city of DeRidder, and one located at 386 Harmony Trail, outside the city fimits. The petition alleges that Mr. Harris’ domicile and actual residence are at 386 Harmony Trail, and therefore, he does not reside or be domiciled within his election district. Mr. Harris disagrees, and says that 806 Lake Court is his residence and domicile. Mr, Harris is married to Elizabeth, and they have a son named Jatari, age 11, living with them. ‘Atrial was held on October 8, 2018. The witnesses were sequestered from the courtroom prior to their testimony. The City Charter ‘The relevant part of the charter for the City of DeRidder at issue is found at Section 2-04. ‘Qualifications. “(2) a council member shall continue to be legally domiciled and to actually reside within Statutory Law RS. 18:674 . .. if the court shell find that the officeholder no longer meets the residence or domicile requirements of his office, a judgment shall be rendered declaring the office vacant, .. . Louisiana Civil Code Article 38: The domicile of a natural person is the place of his habitual residence. Louisiana Civil code Article 44, Change of Domicile: Domicile is maintained until acquisition of a new domicile. A natural person changes domicile when he moves his residence to another location with the Intent to make that location his habitual residence. Louisiana Chil Code Article 45, Proof of Intent to Change Domicile: Proof of one’s intent to establish or change domicile depends on the circumstances.Discussion of Evidence “The trial began by the District Attorney calling the defendant on cross examination. Mr. Harris testified that his parents live at 816 Lake Court Drive, and that he and his wife lived with them after he'd one through @ divorce. Then 806 Lake Court Drive became available and he bought it. Then on December 30, 2006 he and his wife got married and they moved into it. The house is 1900 square feet, and has 4 bedrooms and two bathrooms. The house has an assessed value of $48,000.00 The neighborhood that itis in is called Twin Lakes. He applied for and received a homestead exemption on ‘the property. n 2014 the Harrises decided to bulld a new house. They bought a lot at 386 Harmony Trail and, buitt a two story house on it. The square footage of the house was not put in evidence, but the property has an assessed value of $169,840.00. Living in the house with the Harris family is his sister, Deborah ‘Thurston. They moved into the house in 2015, and applied to move their homestead exemption to the new address on July 9, 2015. Mr. Harris said they moved it to save money on taxes. ‘After the Harrises moved out of 806 Lake Court Drive, Mr. Harris said that it was rented to the Dorsey family for $600 a month. A CLECO electric service history for the address shows that the power ‘was turned on in the name of Jimmy Dorsey on January 27, 2016 and turned off on August 15, 2026. (Mr. Harvis said the Dorseys became delinquent in their rent and they eventually had to be evicted. Mrs. Harris said that the Dorseys were a basketball coach, his wife and their seven children. She contradicted her husband and testified that they let the Dorseys live there rent free. The Harrises did take out a renter’s policy on the property when the Dorseys moved in. Mrs. Hartis sald that the Dorseys did a tremendous amount of damage to the house and it had to be repaired. CLECO records show that there was no electric service to the house from August 15 to September 21, 2016, and then service was restored in the name of Peace and Faith Accessories, @ business belonging to Mrs. Harris. Mr. Harris testified that his son and wife were going through a difficult time at the end of 2016 ‘and in 2027, and so they let he and his wife stay at the house. CLECO records show the power put in the name of Jamie Gates, their daughter-in-faw, from February 7, 2017 until September 11, 2017. From ‘September 11, 2017 until November 1, 2017 there was no electric service at the house. On November 1 it was restored in the name of Peace and Faith Accessories.