DANIEL v. DEPARTMENT OF TRANSP. & DEVELOPMENT

No. 13873.

396 So.2d 967 (1981)

Edward I. DANIEL, III and Eileen Percy Daniel v. DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT of the State of Louisiana et al.

Court of Appeal of Louisiana, First Circuit.

Writ Denied June 5, 1981.


Attorney(s) appearing for the Case

Stephen P. Dart, St. Francisville, counsel for plaintiffs and appellees.

Robert R. Roche, Baton Rouge, counsel for defendant and appellant.

R. H. Madden, III, Ruston, counsel for defendant and appellee.

Before ELLIS, COLE and WATKINS, JJ.


COLE, Judge.

Appellant Department of Transportation and Development (DOTD) appeals a judgment rendered against it for the wrongful removal of a live oak tree on appellees' property. Six issues are presented on appeal; each will be discussed below.

This case arose from the following facts. Appellees are the owners of a 28 acre tract of land near St. Francisville, Louisiana known as "The Oaks" Plantation. The property is situated on both sides of Highway 61...

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