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CITY OF NEW ORLEANS v. McKENDRICK

No. CA 3897.

485 So.2d 653 (1986)

CITY OF NEW ORLEANS v. Janeth Rainold Murray McKENDRICK, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 16, 1986.

Attorney(s) appearing for the Case

Jacob Taranto, III, Gerard M. Victor, Gen. Counsel, Mary-Elizabeth Paltron, Senior Counsel, Leonard W. Crooks, Associate Counsel, Office of Special Counsel, Sewerage and Water Board of New Orleans, New Orleans, for plaintiff.

Michael Osborne, Osborne, McComiskey & Richardson-Harp, New Orleans, for defendants.

Before GARRISON and ARMSTRONG, JJ., and HUFFT, J. pro tem.

PRESTON H. HUFFT, Judge Pro Tem.

In a suit by the Sewerage and Water Board of New Orleans to expropriate property of a homeowner, the Civil District Court for the Parish of Orleans held the property should be taken and damages awarded based upon an appraisal of the property in its present state. The trial court specifically refused to consider the highest and best use of the property, and it declared that any appraisal based...

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