STATE, DEPT. OF TRANSP. & DEV. v. SCHWEGMANN WESTSIDE EXPRESSWAY, INC.

No. 94-CA-0472.

651 So.2d 1359 (1995)

STATE of Louisiana, DEPARTMENT OF TRANSPORTATION & DEVELOPMENT v. SCHWEGMANN WESTSIDE EXPRESSWAY, INC.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 19, 1995.


Attorney(s) appearing for the Case

Jesse S. Guillot, New Orleans, Salvatore Panzeca, Metairie, and Robert L. Ledoux, Frederick J. Fuselier, Baton Rouge, for plaintiff.

David Stone, Randall A. Smith, Stephanie D. Shuler, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, for defendant.

Before KLEES, ARMSTRONG and LANDRIEU, JJ.


ARMSTRONG, Judge.

This is an appeal by the State of Louisiana, Department of Transportation and Development ("DOTD") from a money judgment following a jury trial in an expropriation case. The landowner whose property was expropriated is Schwegmann Westside Expressway, Inc. ("Schwegmann"). DOTD raises four issues on appeal: (1) whether the jury found excessive severance damages; (2) whether the severance damages awarded exceeded those claimed in Schwegmann's answer...

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