VIDALIA — The opinion given by the state attorney general’s office about the Square on Carter project was not an official opinion, but legal advice given to the state bond commission.

State Treasurer John Kennedy said Wednesday he had received an opinion from the attorney general’s office about the project stating that the $7 million Vidalia proposal does not meet the state constitutional requirements for “valid public purpose.”

Based on that possible legal impediment, Kennedy said the bond commission will not consider the Vidalia proposal at this time.

When The Natchez Democrat  requested a copy of the opinion Thursday, attorney Aisha Mizra, custodian of the Louisiana Department of the Treasury’s public records, said Kennedy had mistakenly called the document an opinion but it was instead a memorandum between the offices.

Aaron Sadler, communications director for the Louisiana Department of Justice, said in an email the memorandum in question was given to the bond commission by the attorney general’s office as the legal counsel for the commission.

“The memo … is this office’s confidential legal advice to members of the Bond Commission,” Sadler wrote. “It is not an attorney general’s opinion.”

While the document was not available for review Thursday, Kennedy said Wednesday the document advised that based on Article 6, Section 23 of the Louisiana Constitution of 1974 — which deals with municipal acquisition of property — the proposal violates the constitution.

Section 23 states, “Subject to and not inconsistent with this constitution and subject to restrictions provided by general law, political subdivisions may acquire property for any public purpose by purchase, donation, expropriation, exchange, or otherwise.”

At issue is if the project qualifies as “public purpose,” Kennedy said Wednesday.

The Square on Carter plan was developed by consultants with The Orion Planning Group, and is proposed to be located on two adjacent parcels of property, 31.67 acres owned by Scroggins Investment Company and 32.72 acres owned by BCHT, LLC.

The land is across the highway from Walmart on U.S. 84.

Under the proposal, the city would purchase the property and develop it with infrastructure in an effort to lure developers.

Laurence Leyens, the former Vicksburg mayor who has worked with the city on the project, has said in the past he has tried to get a single developer to take on the entire project but none will.

Several developers are interested in taking on smaller portions of the project if it moves forward, Leyens has said.

Vidalia Mayor Hyram Copeland did not return phone messages about the bond commission’s decision to not hear the proposal Wednesday or Thursday.