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CITY OF BATON ROUGE/PARISH OF EAST BATON ROUGE v. JOHNCA PROPERTIES

No. 99 CA 2230.

764 So.2d 1221 (2000)

CITY OF BATON ROUGE/PARISH OF EAST BATON ROUGE v. JOHNCA PROPERTIES, L.L.C.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 31, 2000.

Attorney(s) appearing for the Case

Michael E. Ponder, Parish Attorney, Robert H. Abbott, III, Assistant Parish Attorney, Baton Rouge, Counsel for Plaintiff/Appellee City of Baton Rouge/Parish of East Baton Rouge.

Donald G. Cave, Baton Rouge, Counsel for Defendant/Appellant Johnca Properties, L.L.C.

Before: SHORTESS, C.J., FOIL, PARRO, KUHN, and PETTIGREW, JJ.

KUHN, J.

Defendant-appellant, Johnca Properties, L.L.C. ("Johnca"), challenges an ex parte order of expropriation in favor of the City of Baton Rouge/Parish of East Baton Rouge (collectively "the City/Parish") rendered under the procedure set forth in La. R.S. 48:441-460, commonly known as the quick taking provisions. Finding the City/Parish has failed to establish its entitlement to utilize the quick taking procedure, we reverse the judgment denying Johnca's motion...

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