VOGT v. BOARD OF LEVEE COM'RS

No. 95-CA-1187.

680 So.2d 149 (1996)

Anthony J. VOGT, et al, v. BOARD OF LEVEE COMMISSIONERS OF the ORLEANS LEVEE DISTRICT and Bass Enterprises Production Company. Allen M. EDGECOMBE, et al, v. BOARD OF LEVEE COMMISSIONERS OF the ORLEANS LEVEE DISTRICT and Bass Enterprises Production Company.

Court of Appeal of Louisiana, Fourth Circuit.

September 4, 1996.


Attorney(s) appearing for the Case

Barham & Arceneaux, PLC, Mack E. Barham, Robert E. Arceneaux, Julia C. Symon, New Orleans and Philip A. Gattuso, Gretna, for Plaintiffs-Appellants.

McQuaig & Solomon, Scott W. McQuaig, Barbara M. Kantrow, Metairie and Uddo & Milazzo, Frank J. Uddo, Basile J. Uddo, Anthony J. Milazzo, Jr., Metairie and Middleberg, Riddle & Gianna, Paul J. Mirabile, Ronald J. Vega, New Orleans, for Defendant-Appellee, Board of Commissioners of Orleans Levee District.

Carver, Darden, Koretzky, Tessier, Finn, Blossman & Areaux, L.L.C., M. Hampton Carver, John Anthony Dunlap, David L. Browne, New Orleans, Amicus Curiae, Bass Enterprises Production Company.

Before BARRY, KLEES and WALTZER, JJ.


BARRY, Judge.

On May 3, 1993 a number of Bohemia Spillway former owners and their heirs (the Edgecombe plaintiffs) to whom title was transferred in 1991 and 1992 filed suit in Plaquemines Parish against the Board of Commissioners of the Orleans Levee District and Bass Enterprises Production Company, a mineral lessee. Bass paid royalties to the Levee Board until individual acts of transfer were passed in 1991 and 1992 to return the property which had been expropriated...

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