WEST JEFFERSON LEVEE D. v. COAST QUALITY

No. 93-C-1718.

640 So.2d 1258 (1994)

WEST JEFFERSON LEVEE DISTRICT v. COAST QUALITY CONSTRUCTION CORPORATION. WEST JEFFERSON LEVEE DISTRICT v. BAYOU DES FAMILLES DEVELOPMENT CORP. v. Betty Jane Perrin, Wife of/and Ronald J. ISAAC.

Supreme Court of Louisiana.

Rehearing Denied August 12, 1994.

Opinion Dissenting from Denial of Rehearing August 12, 1994.


Attorney(s) appearing for the Case

Harry C. Stumpf, Owen J. Bordelon, Jr, Stumpf, Dugas, LeBlanc, Papale & Ripp, for applicant.

David C. Loeb, Lawrence E. Chehardy, Chehardy, Sherman, Ellis, Breslin & Murray; Peter J. Butler, Nancy A. Nungesser, Anne A. Boling, Edward A. Boling, Catherine M. Sheafor, Locke, Purnell, Rain & Harrell, for respondent.

Nancy A. Nungesser, Anne S. Almy, Catherine M. Sheafor, for U.S., amicus curiae.

John A. Dunlap, Frank A. Tessier, for Jefferson Business Council, Harvey Canal Industry Association, Westbank Council Chamber, Chamber-New Orleans, Chamber-River Region, amicus curiae.


KIMBALL, Justice.*

I. ISSUE

The issue to be decided in this case is the amount of compensation due landowners as a result of the West Jefferson Levee District's expropriation of their property, where, at the time of the expropriation, almost all of the property expropriated was designated as wetlands under the federal Clean Water Act. In this case, the compensation due landowners turns primarily on the fair market value of the...

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