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HOLMES v. PARISH OF ST. CHARLES

No. 94-CA-844.

653 So.2d 653 (1995)

Mary Hotard, Wife of/and E.L. HOLMES v. PARISH OF ST. CHARLES.

Court of Appeal of Louisiana, Fifth Circuit.

March 15, 1995.

Attorney(s) appearing for the Case

William J. Dutel, Richard R. Schulze, New Orleans, for plaintiffs-appellees.

R.O. Lewis, Director of Legal Services, Luling, for defendant-appellant.

Before KLIEBERT, GAUDIN and CANNELLA, JJ.

KLIEBERT, Chief Judge.

The defendant, St. Charles Parish, appeals the trial court's finding that the transaction by which plaintiffs, Mary Hotard Holmes and E.L. Holmes (the Holmeses) conveyed immovable property to the Parish was an onerous donation inter vivos and not a dedication. The trial court, in finding the former, revoked the donation for the donee's failure to fulfill the condition of the donation, the construction of the proposed East-West Roadway on the...

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