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STATE, DEPT. OF TRANSP. & DEV. v. OSWALD

Nos. 27752-CA, 27753-CA.

665 So.2d 668 (1995)

STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Plaintiff-Appellant, v. Charles Ray OSWALD, et ux, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied January 18, 1996.

Writ Denied March 29, 1996.

Attorney(s) appearing for the Case

Bertrand & Soileau by Ronald J. Bertrand, Rayne, for Appellant.

Anna E. Dow, Baton Rouge, for Appellees.

Before SEXTON and STEWART, JJ., and PRICE, J. Pro Tem.

STEWART, Judge.

The Department of Transportation and Development brought expropriation lawsuits for two parcels of land owned by Charles Oswald and his wife. After consolidating the lawsuits, the trial court found that the Oswald properties were a business rather than an investment and that they were entitled to an amount that exceeded the fair market value of the property. DOTD was ordered to pay $358,542.44 plus legal interest and attorney's fees. The state subsequently...

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