BOARD OF COM'RS OF ORLEANS LEVEE DIST. v. DEPT. OF NATURAL RESOURCES

Nos. 85-CA-1448, 85-CD-1102 and 85-CD-1107.

483 So.2d 958 (1986)

The BOARD OF COMMISSIONERS OF the ORLEANS LEVEE DISTRICT v. The DEPARTMENT OF NATURAL RESOURCES of the State of Louisiana.

Supreme Court of Louisiana.

Rehearing Granted May 15, 1986.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Elizabeth Megginson, David C. Kimmel, Asst. Attys. Gen., for D.N.R.

William E. Wright, David P. Banowetz, Jr., Baldwin & Haspel, James Magee, New Orleans; David P. LaNasa, Dale B. Morrison, New Orleans, for defendant-intervenor.

Sam A. LeBlanc, Franklin Adkins, Adams & Reese, Richard Goins, New Orleans, for Board of Com'rs of Orleans Levee Dist.

Michael R. Fontham, Catherine N. Garvey, Paul L. Zimmering, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, for plaintiff-intervenor.


CALOGERO, Justice.

We review here a judgment of the Nineteenth Judicial District Court, Parish of East Baton Rouge, holding Act 233 of the 1984 Legislature unconstitutional. By that enactment, the Legislature attempted to return land known as the Bohemia Spillway to the owners or their successors from whom the property was acquired by Orleans Levee Board expropriation or threat of expropriation in the years 1924-1926.

Article VII, § 14(A) of the 1974...

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