DEPARTMENT OF HIGHWAYS v. CAPONE

No. 9880.

298 So.2d 94 (1974)

DEPARTMENT OF HIGHWAYS, State of Louisiana v. Bennie CAPONE, d/b/a Capone Cleaners.

Court of Appeal of Louisiana, First Circuit.

June 28, 1974.


Attorney(s) appearing for the Case

Ronald R. Thompson and Robert J. Jones, Asst. Gen. Counsel, Highway Dept., Baton Rouge, for appellant.

Vincent J. Sotile, Donaldsonville, for appellee.

Before LANDRY, ELLIS and PICKETT, JJ.


LANDRY, Judge.

Plaintiff (Department) appeals from judgment awarding Defendant (Owner) damages found by he trial court to result from the improvement of State Highway 3089 (Albert Street) within the municipal limits of the City of Donaldsonville (City). The work consisted of widening Albert Street from two to four lanes, within an existing right of way. The project, which did not involve a taking of any of Owner's property...

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