CHANDLER v. STATE

No. 2002 CA 1410.

844 So.2d 905 (2003)

Rudy Dean CHANDLER d/b/a St. Helena Grocery v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 30, 2003.


Attorney(s) appearing for the Case

Gary C. Ethridge, Baton Rouge, for Defendant-Appellant State of Louisiana, Dept. of Transportation and Development.

Mary E. Heck Barrios, Denham Springs, for Plaintiff-Appellee Rudy Dean Chandler d/b/a St. Helena Grocery.

Before: PARRO, MCDONALD, and CLAIBORNE, JJ.


CLAIBORNE, J.

The State of Louisiana, Department of Transportation and Development (DOTD), appeals the trial court's granting of a preliminary injunction enjoining it from removing a portion of a concrete driveway of a commercial establishment located on the DOTD right-of-way. We find the preliminary injunction was improperly issued, and the decision of the trial court is reversed.

FACTS

Ray Miers owned the property located at 40240 Louisiana Highway...

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