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ALONZO v. STATE EX REL. DNR

No. 2003-CA-0553.

884 So.2d 640 (2004)

Gene ALONZO, Malcolm Assevedo, Richard J. Assevedo, Jr., George Barisich, Joseph Barisich, Dale Borden, Harry D. Borden, Donnie Campo, William Caywood, Pero Cibilic, Clear Water Oyster Inc., Joseph Collins, Ramo Domingo, 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, Chalmette, LA, and Danial C. Vidrine, Baton Rouge, LA, and J. Wayne Mumphrey, Law Offices of J. Wayne Mumphrey, Chalmette, LA, for Plaintiffs/Appelles.

Richard P. Ieyoub, Attorney General State of Louisiana, Andrew C. Wilson, Jedd S. Malish, Special Assistant Attorney 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.

On May 2, 1996, fifty-three (53) oyster leaseholders with oyster leases on State water bottoms on the St. Bernard side of Breton Sound, and within Lake Borgne east of the Mississippi River Gulf Outlet (MRGO) filed suit against the State through the Department of Natural Resources (DNR), alleging adverse effects including oyster mortality, not only from the Caernarvon freshwater diversion structure, but also from the Violet siphon.

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