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BOARD OF COM'RS OF ORLEANS LEVEE DIST. v. GOMEZ

No. 92 CA 0817.

621 So.2d 826 (1992)

The BOARD OF COMMISSIONERS OF The ORLEANS LEVEE DISTRICT v. Ron GOMEZ, Secretary of the Department of Natural Resources of the State of Louisiana, and the Department of Natural Resources of the State of Louisiana.

Court of Appeal of Louisiana, First Circuit.

November 30, 1992.

Attorney(s) appearing for the Case

Richard J. McGinity, Gary Benoit, New Orleans, for plaintiff-appellee Bd. of Com'rs of the Orleans Levee Dist.

Malcolm A. Meyer, Beverly K. Baudouin, New Orleans, for intervenor-appellant Gulf Coast Oyster Co., Ltd. St. Pauls Episcopal Church.

Robert H. Carpenter, Jr., Michael Gee, Baton Rouge, for defendant-appellant Dept. of Natural Resources State of La.

W. Matthew Campbell, New Orleans, for intervenor-appellant Jeanne Marie Favret Bourg, et al.

Before LOTTINGER, C.J., and CARTER and LEBLANC, JJ.

CARTER, Judge.

This is an appeal from a trial court judgment granting a permanent injunction and declaratory relief.

BACKGROUND

In 1924, the Louisiana Legislature enacted Act 99, which authorized the Board of Levee Commissioners of the Orleans Levee District (Levee Board) to acquire by purchase, donation, or expropriation the lands or other property necessary for the construction of the Bohemia Spillway in Plaquemines Parish. The spillway was constructed...

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