ORLEANS PARISH SCHOOL BD. v. LUPO

No. CA 3353.

470 So.2d 202 (1985)

ORLEANS PARISH SCHOOL BOARD v. Alvena Florence Smith, the Wife of/and Thomas J. LUPO.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied June 26, 1985.


Attorney(s) appearing for the Case

Samuel I. Rosenberg, Polack, Rosenberg, Rittenberg & Endom, New Orleans, for plaintiff-appellee Orleans Parish School Bd.

Brod Bagert, Dwan S. Hilferty, Gamble, Bagert & Hilferty, Peter Michell, New Orleans, for intervenor-appellant W.F. Wandell Development Inc.

Before SCHOTT and BARRY, JJ., and PRESTON H. HUFFT, J. Pro Tem.


BARRY, Judge.

In this expropriation suit by the Orleans Parish School Board, Wandell Developments, Inc., holder of an unrecorded option to purchase the land, appeals the dismissal of its intervention and the denial of the owners' exception of non-joinder.

Wandell's option was with Mr. and Mrs. Lupo for six lots which the School Board originally offered to buy for $1,675,000. After the expropriation suit was filed, but before lis pendens was recorded, Wandell...

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