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LAKE BISTINEAU PRESERVATION SOC. v. SEALES

No. 40,583-CA.

922 So.2d 768 (2006)

LAKE BISTINEAU PRESERVATION SOCIETY, INC., and H.F. Anderson, Plaintiffs-Appellants, v. James Marshall SEALES, II, Bennie James Fontenont, Jr., William Dwight Landreneau, Secretary of the Department of Wildlife and Fisheries of the State of Louisiana, and the Department of Wildlife and Fisheries of the State of Louisiana, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

February 10, 2006.

Attorney(s) appearing for the Case

The Pesnell Law Firm by J. Whitney Pesnell, Billy R. Pesnell, Shreveport, for Appellants.

J. Schuyler Marvin, District Attorney, Patrick Richmond Jackson, Bossier Parish Attorney, for Intervenors/Appellees: Bienville Parish Police Jury, Webster Parish Police Jury, Bossier Parish Police Jury.

Charles C. Foti, Jr., Attorney General, Terry F. Hessick, Assistant Attorney General, Thomas Michael Landrum, LA Dept. of Wildlife and Fisheries, for Defendants/Appellees: State of Louisiana, Dept. of Wildlife and Fisheries, William D. Landreneau, James Marshall Seales, II, and Bennie James Fontenont, Jr.

Before CARAWAY, MOORE and LOLLEY, JJ.

CARAWAY, J.

A citizens' group and property owner brought an action against the Department of Wildlife and Fisheries and three of its officials seeking declaratory and injunctive relief, penalties and damages arising from a three-year plan to lower and spray Lake Bistineau. After the trial court denied plaintiffs' request for a preliminary injunction to suspend the plan, this appeal ensued. Finding that the threatened activities which were the subject of the requested...

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