ALLEN PARISH POLICE JURY v. MERRITT

No. 3021.

234 So.2d 506 (1970)

ALLEN PARISH POLICE JURY, Plaintiff and Appellant, v. Bennett H. MERRITT et al., Defendants and Appellees.

Court of Appeal of Louisiana, Third Circuit.

April 23, 1970.


Attorney(s) appearing for the Case

Alfred Ray Ryder, Oberlin, for plaintiff-appellant.

Camp, Carmouche, Palmer, Carwile & Barsh, by Charles W. Carwile, Lake Charles, for defendants-appellees.

Before SAVOY, HOOD and CULPEPPER, JJ.


CULPEPPER, Judge.

Plaintiff seeks to expropriate a servitude on defendant's land to construct a dam and spillway for recreational purposes. Defendants filed an exception of no right of action on the grounds that the Police Jury does not have the right to expropriate property for such purposes. The district judge sustained this exception. Plaintiff appealed.

The issue is whether the Police Jury, acting in its own name, has the power to expropriate property...

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