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

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

496 So.2d 281 (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.

October 20, 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, David P. LaNasa, Dale B. Morrison, New Orleans, for defendant-intervenor-appellant.

Sam A. LeBlanc, Franklin Adkins, Adams & Reese, Richard Goins, New Orleans, for Bd. of Commissioners.

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

ON REHEARING

DENNIS, Justice.

This case calls upon us to decide whether an act of the legislature which declares that the public purpose which originally supported the expropriation of property for a Mississippi River spillway has ceased to exist and orders the return of the property to its former owners should be upheld as a valid act of the plenary power of the people of the state exercised through its legislature or stricken as a violation of one of the...

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