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ALONZO v. STATE EX REL. DNR

No. 2002-CA-0527.

884 So.2d 634 (2004)

Gene ALONZO, Malcolm Alonzo, Richard J. Assevedo, Jr., George Barisich, Joseph Barisich, Dale Borden, Harry D. Borden, Donnie Campo, William Caywood, Pero Cibilic, Clear Water Oyster Inc., Joseh Collins, Ramo Domingo, Anthony Esteves, Jr., et al. v. STATE of Louisiana and the DEPARTMENT OF NATURAL RESOURCES.

Court of Appeal of Louisiana, Fourth Circuit.

September 8, 2004.

Attorney(s) appearing for the Case

Glenn E. Diaz, Carlos Zelaya, David C. Vidrine, Danial C. Vidrine, and J. Wayne Mumphrey, Chalmette, LA, for Plaintiff/Appellee.

Richard P. Ieyoub, Attorney General State of Louisiana, Andrew C. Wilson, Jedd S. Malish, Special Assistant Attorneys General State of Louisiana, Burke & Mayer, New Orleans, LA, for Defendant/Appellant.

(Court composed of Judge JAMES F. McKAY III, Judge MAX N. TOBIAS JR., Judge EDWIN A. LOMBARD).

JAMES F. McKAY III, Judge.

The defendant in this class action suit, the State of Louisiana, through the Department of Natural Resources (DNR), appeals the trial court's granting of the motion for summary judgment filed by the plaintiffs, Gene Alonzo and fifty-two other oyster leaseholders. We reverse and remand.

FACTS AND PROCEDURAL HISTORY

In 1965, the United States Congress passed a Flood Control Act which authorized construction of freshwater...

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