T.L. JAMES & CO. v. KENNER LANDING, INC.

No. 89-C-2617.

562 So.2d 914 (1990)

T.L. JAMES & COMPANY, INC. v. KENNER LANDING, INC. and Francis P. Bonura.

Supreme Court of Louisiana.

June 4, 1990.


Attorney(s) appearing for the Case

William J. Guste, Atty. Gen., Gary L. Keyser, David C. Kimmel, Asst. Attys. Gen., Herman C. Hoffmann, Jr., Daria L. Burgess, Hurley & Hoffmann, New Orleans, for T.L. James & Co., Inc., relator/intervenor/defendant-respondent.

Robert G. Creely, Michael F. Somoza, Amato & Creely, Gretna, for Kenner Landing, Inc. and Francis P. Bonura, plaintiff-applicant.


DENNIS, Justice.*

We are called upon to decide whether the state may recover tort damages from a dredging company for trespass and unauthorized dredging of materials from a state waterbottom despite the state's failure to demand such relief in its pleadings. In its pleadings, the state prayed only for royalties on the materials taken and the trial court awarded the state the amount demanded for royalties. The Court of Appeal reversed because...

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