CITY OF MINDEN v. McDANIEL

Nos. 41,370-CA to 41,372-CA.

945 So.2d 955 (2006)

CITY OF MINDEN, Plaintiff-Appellant, v. Carolyn Sale Warren McDANIEL and Graceland Gardens, Defendants-Appellees. City of Minden, Plaintiff-Appellant, v. Timothy Lee Kennedy, Kelly Bays Kennedy and Graceland Gardens, Defendants-Appellees. City of Minden, Plaintiff-Appellant, v. The Jeannine Sale Miller Living Trust, Dr. Mark D. Miller and Graceland Gardens, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied January 18, 2007.


Attorney(s) appearing for the Case

Herschel E. Richard, Jr., Lee H. Ayres, Shreveport, for Appellant.

Louis C. Minifield, Tomas Arceneaux, Scott R. Wolf, Shreveport, for Appellee.

Before WILLIAMS, STEWART and MOORE, JJ.


WILLIAMS, J.

The City of Minden ("the City") seeks reversal of the district court's ruling granting summary judgment in favor of the defendant landowners, dismissing the City's expropriation actions with prejudice. The district court concluded that the City was required to obtain the consent or concurrence of the Webster Parish Police Jury prior to expropriating the private property situated outside of the City's municipal limits. For the reasons that follow, the...

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