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PLAINVIEW AREA ASS'N INC. v. STATE

No. 02-0503.

832 So.2d 1172 (2002)

PLAINVIEW AREA ASSOCIATION, INC. v. STATE of Louisiana, DEPT. OF TRANSPORTATION AND DEVELOPMENT.

Court of Appeal of Louisiana, Third Circuit.

December 11, 2002.

Attorney(s) appearing for the Case

James Edward Hopkins, Sulphur, LA, for Plaintiff/Appellee, Plainview Area Association, Inc.

James McCaleb Bookter, Baton Rouge, LA, for Defendant/Appellant/Exceptor, State of LA, Thru the DOTD.

Court composed of NED E. DOUCET, JR., Chief Judge, MICHAEL G. SULLIVAN and GLENN B. GREMILLION, Judges.

GREMILLION, Judge.

The defendant, the State of Louisiana, through the Department of Transportation and Development, appeals the judgment of the trial court in favor of the plaintiffs, Plainview Area Association, Inc. (Association), Floy Stokes, Emma Lee Gass, Joseph L. Chance, and Billy E. Dowden, ordering the State to maintain the Hornbeck-Plainview Road. For the following reasons, we set aside the judgment of the trial court and remand with instructions.

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