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STATE, DEPT. OF TRANSP. & DEVELOPMENT v. HILLS

No. 13631.

391 So.2d 1227 (1980)

STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT (Office of Highways) v. Nolan HILLS.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied December 15, 1980.

Attorney(s) appearing for the Case

Mario J. Porzio, Baton Rouge, for plaintiff, State of Louisiana, through the Dept. of Transp. & Development.

Robert C. Funderburk, and Jerry F. Davis, Baton Rouge, for defendant, Nolan Hills.

Before COVINGTON, CHIASSON and LEAR, JJ.

CHIASSON, Judge.

The State of Louisiana, through the Department of Transportation and Development (State) filed a petition and obtained a rule to show cause why defendant-appellee, Nolan Hills, should not be ordered to remove a structure that allegedly encroached on the State's right-of-way. The trial court ruled in favor of defendant Hills and the State appealed.

The State contends that defendant's house, located at 1405 Central Road, encroaches 1.35 feet...

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