RESTER v. GRAVITY DRAINAGE BD. NO. II

No. 84-633.

473 So.2d 882 (1985)

Fred RESTER, Plaintiff-Appellee, v. GRAVITY DRAINAGE BOARD NO. II, Parish of Allen, State of Louisiana and Allen Parish Police Jury, Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied August 28, 1985.


Attorney(s) appearing for the Case

John A. Duck, Jr., Oberlin, for defendants-appellants.

John E. Demourelle, Kinder, for plaintiff-appellee.

Before DOMENGEAUX, DOUCET and KNOLL, JJ.


KNOLL, Judge.

The Gravity Drainage Board No. II of Allen Parish (hereafter Drainage Board) appeals an adverse judgment in favor of Fred Rester awarding him damages to his property caused when the Drainage Board, acting under the authority of LSA-R.S. 38:113, excavated an existing drainage canal and cleared trees on either side of the canal in October 1980. At trial, all facts were stipulated and all parties agreed that Rester was entitled to recover damages. Judgment...

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