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DEVILLE v. CITY OF OAKDALE

No. 1568.

180 So.2d 556 (1965)

Elburn DEVILLE, Plaintiff and Appellant, v. CITY OF OAKDALE, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

November 30, 1965.

Attorney(s) appearing for the Case

Baggett & Hawsey, by Lemuel E. Hawsey, Jr., Lake Charles, for plaintiff-appellant.

C. W. Berry, Jr., Oakdale, for defendant-appellee.

Before TATE, SAVOY and CULPEPPER, JJ.

CULPEPPER, Judge.

Plaintiff seeks a writ of mandamus to compel the city of Oakdale to open two streets adjacent to his residential property. The district judge denied the writ. Plaintiff appealed.

The essential issues are (1) whether there was a statutory dedication of the streets and (2) whether the opening of dedicated streets is a discretionary duty of the city, for which mandamus will not issue, or a ministerial duty, for which mandamus will issue.

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