CONSTANCE v. STATE, THROUGH DOTD

No. 93-CA-0813.

626 So.2d 1151 (1993)

Carroll LeBlanc, Wife of/and Gerald CONSTANCE and Cleary Bicycle, Moped & Go-Cart Center, Inc., v. STATE of Louisiana, through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, OFFICE OF HIGHWAYS, Pepper & Associates, Inc., T.L. James and Company, C.A. and Louisiana Paving, Inc.

Supreme Court of Louisiana.

Concurring Opinion November 24, 1993.

Rehearing Denied January 6, 1994.


Attorney(s) appearing for the Case

Jesse S. Guillot, New Orleans and Ronald J. Bertrand, Rayne, for applicant.

Jerome M. Volk, Jr. and Mark J. Armato, DeMartini, LeBlanc, D'Aquila & Volk, Kenner, for respondent.


Concurring Opinion by Justice Dennis November 24, 1993.

CALOGERO, Chief Justice.*

We consider in this inverse condemnation case whether restricted access to property with accompanying reduction in property value and temporary loss of business income triggers the entitlement to compensable damages. Concluding that it does not, we reverse the decisions of the District Court and the Court...

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