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STATE OF LA., DEPT. OF HIGHWAYS v. MODICA

No. 18654-CA.

514 So.2d 22 (1987)

STATE OF LOUISIANA, DEPARTMENT OF HIGHWAYS, Plaintiff-Appellant, v. Anthony Joseph MODICA, et al., Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Dissenting Opinion October 6, 1987.

Writ Denied November 30, 1987.

Attorney(s) appearing for the Case

Office of General Counsel, La. Dept. of Transp. & Development by Roxie R. Foster, Baton Rouge, for plaintiff-appellant.

Thomas & Burchett by Dewey E. Burchett, Jr., Bossier City, Simon, Fitzgerald, Cooke, Reed & Welch by Chatham H. Reed, Shreveport, for defendant-appellee.

Before HALL, MARVIN, JONES, SEXTON and LINDSAY, JJ.

Dissenting Opinion by Sexton October 6, 1987.

MARVIN, Judge.

In this action expropriating property in 1974 for the I-220 interchange at Swan Lake Road in Bossier parish under the quick-taking statute, the State appeals a judgment that awarded the landowner $92,923 in addition to the amount the State deposited for the taking ($107,136). LRS 48:441 et seq.

On the original appellate hearing, two of the three judges agreed with the State's contention that...

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