PLAQUEMINES PARISH COM'N COUNCIL v. HERO LANDS CO.

No. 67042.

388 So.2d 790 (1980)

PLAQUEMINES PARISH COMMISSION COUNCIL v. HERO LANDS COMPANY et al.

Supreme Court of Louisiana.

September 3, 1980.


Attorney(s) appearing for the Case

Frank J. Peragine, John C. Hebert, Suzette T. Becker, Brian, Simon, Peragine, Smith & Redfearn, New Orleans, for defendant-applicant.

Douglas A. Kewley, Louis B. Porterie, Duke, Porterie & Hantel, New Orleans, for plaintiffs-respondents.


WATSON, Justice.

At issue is the right to dispose of spoil on the banks of a drainage canal. Both plaintiff and defendant Hero claim ownership of the dirt, Hero because it owns the underlying land and plaintiff because it has a servitude of drain.

Plaintiff, the Plaquemines Parish Commission Council, is the governing authority of the Parish and the successor of the Jefferson-Plaquemines Drainage District. It holds a drainage servitude and brought suit to enjoin...

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