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

No. 95-C-1261.

669 So.2d 1172 (1996)

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

Supreme Court of Louisiana.

Rehearing Granted in Part With Order; Otherwise Denied April 26, 1996.


Attorney(s) appearing for the Case

Salvatore Panzeca, Metairie, Robert L. Ledoux, Baton Rouge, Gregory G. D'Angelo, Metairie, Frederick J. Fuselier, Baton Rouge, Panzeca & D'Angelo, Metairie, for Applicant.

David L. Stone, Stephanie D. Shuler, New Orleans, for Respondent.


JOHNSON, Justice.1

We granted certiorari in this expropriation matter to determine whether the jury's severance damage award of $4,850,000.00 was an abuse of discretion. In addition to severance damages, the jury awarded Schwegmann Westside Expressway Inc. (hereafter Schwegmann) $150,000.00 for the loss of land and improvements actually taken. The trial court awarded statutory attorney's fees of 10%, expert witness fees plus exhibit and...

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